Check fraud in Tucson, Arizona, might sound like a minor thing, but a conviction can carry significant penalties and affect your reputation for honesty. In these cases, it’s critical to work with an experienced defense team that can start building your case.
If you’re under investigation or already facing charges, taking steps to protect yourself as soon as possible can be important. A Tucson criminal defense lawyer can offer the guidance needed to navigate the complexities of the legal system and work towards a favorable outcome for your situation.
Katsarelis Law Criminal Defense Attorneys offers free consultations for people facing white-collar crime charges in Tucson and throughout Arizona. Contact us today at (520) 510-0439 to speak with a Tucson check fraud attorney about the allegations against you and what may happen next.
Why Choose Katsarelis Law Criminal Defense Attorneys for Help If You’re Arrested for Check Fraud in Tucson, AZ?
If you’re facing check fraud charges in Tucson, AZ, choosing a lawyer who understands Arizona criminal law can make the process easier to navigate.
When you hire Katsarelis Law Criminal Defense Attorneys, you get:
- A team of attorneys with 45 years of combined experience defending clients against criminal charges in Arizona
- A collaborative team of four attorneys, allowing every case to benefit from multiple legal perspectives
- Experience representing thousands of clients in criminal matters
- Hundreds of five-star Google reviews from people the firm has represented
When your record and reputation for honesty are on the line because you’re facing charges in Arizona, having experienced legal guidance matters. Our Tucson white collar crimes attorneys can review the allegations and explain the options available to you.
Overview of Check Fraud in Arizona
What is commonly referred to as check fraud can involve several offenses under Arizona law. One of the primary statutes that applies to bad-check allegations is A.R.S. § 13-1807, which covers issuing a bad check. A person commits this offense by issuing or passing a check while knowing they don’t have sufficient funds or credit to cover the check and other outstanding checks.
Knowledge is an essential element of the offense. The statute targets people who knowingly issue or pass checks without sufficient funds or credit, not someone who simply makes an honest mistake or reasonably believes the check will be honored.
Depending on what allegedly happened, prosecutors may also pursue related charges such as forgery or theft alongside a bad-check charge. That can change both the issues involved in the case and the possible consequences.
Our Tucson check fraud lawyers can help you understand the charges against you and how Arizona law may apply.
What Are the Penalties for Check Fraud in Tucson, Arizona?
In most cases, issuing a bad check under A.R.S. § 13-1807 is a Class 1 misdemeanor, the most serious misdemeanor classification in Arizona. A Class 1 misdemeanor can carry up to six months in jail, along with fines and other court-imposed consequences.
When a bad check involves $5,000 or more, and the accused fails to pay the full amount plus accrued 12% interest within 60 days after receiving notice, the offense is a Class 6 felony.
For a first felony offense, a Class 6 felony can result in prison time, with the applicable sentencing range depending on the circumstances. Qualifying prior felony convictions can expose a defendant to higher sentencing ranges under Arizona’s repetitive-offender laws. A person’s criminal history can therefore become an important consideration at sentencing.
During your free case review, a Tucson white collar crimes lawyer can discuss the potential penalties you face and develop a defense strategy tailored to your unique situation.
What Defenses Can Be Raised If I’m Arrested for Check Fraud?
The law itself recognizes that not every bounced check is a crime, and A.R.S. § 13-1807 provides specific defenses. Depending on the circumstances, other legal defenses may also apply.
The Payee Knew the Funds Weren’t There
If the person accepting the check knew, was expressly notified, or had reason to believe there were insufficient funds or credit before the check was issued, that may provide a statutory defense to prosecution.
The Check Was Postdated
A postdated check may fall within a statutory defense if sufficient funds were on deposit with the drawee on the later date for payment of the check and all other checks then outstanding.
The Bank Adjusted the Account Without Notice
Arizona law also provides a defense when insufficient funds resulted from an adjustment to the account by the credit institution without notice to the person who issued the check.
No Knowledge
Prosecutors must prove more than the fact that a check was returned unpaid. They must prove the required knowledge, and evidence that you reasonably believed sufficient funds or credit were available may undermine the state’s case.
Mistaken Identity
In some cases, the issue is whether the accused actually wrote or passed the check at all. Bank records, surveillance footage, witness testimony, or handwriting evidence may help establish that someone else was responsible.
The right defense depends entirely on the circumstances of the case. A Tucson criminal defense attorney can review the evidence and determine which defenses may apply based on what actually happened.
Schedule a Free Case Evaluation With a Tucson Check Fraud Attorney Today
A check fraud charge can put your freedom, finances, and reputation on the line, but the fact that a check was returned does not tell the entire story. Questions about who issued the check, what that person knew at the time, and what happened with the account can become central to the case.
Katsarelis Law Criminal Defense Attorneys represents people accused of financial crimes and other criminal offenses in Tucson and throughout Southern Arizona. The firm can examine the records behind the allegation, identify weaknesses in the state’s evidence, and explain how Arizona’s bad-check laws apply to the circumstances.
If a returned check has turned into a criminal accusation, schedule a free consultation with a Tucson check fraud lawyer to find out what your next move should be.