Obtaining property -- in other words, goods, services, and other things of value -- by issuing a check that you know isn’t backed by sufficient funds may seem like a rather minor offense. But in Florida, you could be punished severely. Penalties may include several years of imprisonment and thousands of dollars in fines.
ISSUING WORTHLESS CHECKS VS. OBTAINING PROPERTY BY WORTHLESS CHECK Section 832.05 of the Florida Statutes describes the offense of “Obtaining Property by Worthless Check.” Under the law, it is illegal for any person, firm, or corporation to issue a check, to use a debit card, or to otherwise make a written order on any bank or depository, knowing that there are insufficient funds to cover the purported payment. There are two related offenses in Florida: Issuing Worthless Checks and Obtaining Property by Worthless Check. They are similar in that knowing issuance of a check (or use of a debit card or written order) is a requirement for criminal liability, but distinct in that Obtaining Property by Worthless Check involves a receipt of goods, services, or other things of value that was induced by the illegal behavior (i.e., issuance of a bad check). For example, suppose that you write a check to someone to pay for a car and you take the car off the lot and into your possession. The victim later attempts to cash the check, only to find that there are insufficient funds in the bank to cover the payment. You could be held liable for Obtaining Property by Worthless Check. Had you not yet taken possession of the car, you could be held liable for Issuing Worthless Checks. LACK OF KNOWLEDGE IS A COMPLETE DEFENSE If you did not “knowingly” issue a bad check, you cannot be held liable for Obtaining Property by Worthless Check. Knowing inducement is a fundamental element of the offense. As such, it’s likely that your attorney will investigate the case so as to present evidence that establishes your lack of knowledge (or mistaken knowledge) regarding the amount of funds backing the issued check. PENALTIES Depending on the amount that you obtained by knowingly issuing a worthless check, you will be prosecuted differently. The grading of the offense is as follows: First-Degree Misdemeanor If you obtained less than $150 by issuing a worthless check, then you may be charged with a first-degree misdemeanor, which is punishable by up to a year imprisonment, a year of probation, and up to $1,000 in fines. Third-Degree Felony If you obtained $150 or more by issuing a worthless check, then you may be charged with a third-degree felony, which is punishable by up to five years imprisonment, five years' probation, and up to $5,000 in fines. Crimes of Dishonesty or False Statement It’s worth noting that theft offenses -- such as Obtaining Property by Worthless Check -- are crimes of dishonesty or false statement. This can have consequences that extend further than those associated with standard crimes. For example, your credibility as a witness (in a court of law) may be challenged on the basis of your conviction for a crime of dishonesty. If you’ve been charged with a criminal theft offense in Florida -- or have been arrested or accused of such offense -- then you may be feeling rather overwhelmed by the prospect of criminal litigation. Theft offenses (depending on the circumstances and nature of the crime committed) may lead to substantial penalties, including imprisonment and fines. Contact a qualified criminal defense attorney to learn more about your case and the steps you need to take to shield yourself from liability.
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