Check Fraud Charges and Penalties in Georgia

Check Fraud Charges and Penalties in Georgia

Writing bad checks, or trying to do business using a closed account or one with insufficient funds, is referred to as deposit account fraud in Georgia. This area of law can be super confusing, so having an experienced defense attorney who understands fraud charges can help you big time.

Let’s break down the common fraud crimes and penalties in Georgia so you understand what you’re up against if charged.

Forgery

Forgery means falsely signing someone else’s name on legal documents or checks to defraud. There are two degrees:

• 2nd Degree – Possessing or making forged documents. Penalty is 1-5 years in jail.
• 1st Degree – Actually using forged documents. Penalty is 1-10 years in jail.

So like, 2nd degree is just having a forged check, while 1st degree is trying to cash it. Makes sense?

Bad Checks

Passing bad checks is also considered deposit account fraud. The penalties vary based on the dollar amount:

• <$100 – Up to 1 year in jail
• $100-$300 – Up to 1 year in jail
• $300-$499 – Up to 1 year in jail (high and aggravated misdemeanor)
• $500+ – Up to 3 years in jail (felony)

If the account is out-of-state, it’s an automatic felony with 1-5 years in jail, no matter the amount.

Financial Transaction Card Fraud

This includes ATM/debit card fraud. It’s a felony in Georgia with 1-3 years in jail and fines up to $5,000.

Credit Card Fraud

Also a felony with 1-3 years in jail and fines up to $5,000.

Identity Fraud

Super serious with fines up to $100,000 and 10 years in jail. Sometimes even higher.

As you can see, Georgia does not play around with fraud crimes! The penalties quickly escalate based on the dollar amounts and type of fraud.

Defenses to Fraud Charges

While fraud charges are serious, there are some defenses that an experienced lawyer may use to fight the charges:

• No intent to defraud – If you didn’t know the account had insufficient funds, this could negate the intent part.
• No loss occurred – The victim has to show they lost money relying on your bad check.
• No consideration – If you didn’t receive any goods/services for the bad check, there may not have been a crime.
• Former account – It doesn’t matter if you used to have an account, only if the account was closed or empty when you wrote the check.

As you can see, fraud laws encompass many types of financial crimes in Georgia. The penalties can be severe depending on the circumstances. If you’ve been charged, don’t go it alone. Consult with an experienced criminal defense lawyer to start building your defense today.

Deposit Account Fraud Details

Let’s go deeper into deposit account fraud specifically…

In Georgia, the legal term “instrument” means checks or other items used against an account. The law says you commit deposit account fraud if you:

• Make, draw, utter, execute, or deliver a check or other instrument knowing it won’t be honored due to insufficient funds or account closure.
• Make, draw, utter, execute, or deliver a check on an out-of-state bank account.

Some key points:

• The crime happens when you write the bad check, not when it bounces.
• Prosecutors must prove you intended to defraud the victim.
• The victim must show they suffered an actual financial loss from relying on your bad check.

Without meeting all elements, you should not be found guilty.

Penalties for Deposit Account Fraud

Like other fraud crimes, the penalties vary based on dollar amounts:

• <$500 – Up to $500 fine and/or 12 months jail
• $500-$1,000 – Up to $1,000 fine and/or 12 months jail
• Out-of-state account – 1-5 years in jail and/or $1,000 fine

If multiple bad checks were written within 90 days, the amounts can be combined to determine the penalty.

Courts may also order restitution and interest paid to the victim.

Real-Life Examples

Let’s look at some real cases to understand how Georgia courts apply the law:

• Watson v. State – The defendant committed deposit account fraud by writing a bad check, even though the check hadn’t bounced yet. Just writing it was enough.
• Griffith v. State – A gas station owner paid a vendor with a bad check for gas deliveries. He was convicted because he got the gas and knowingly paid with a worthless check.
• Brooks v. State – The defendant wrote a bad check but didn’t receive any goods or services in return. There was no crime since nothing was obtained fraudulently.

As you can see, the specific circumstances are very important in determining if a crime occurred and how severe the penalties may be.

How an Attorney Can Help

If you or a loved one is facing check fraud accusations in Georgia, it’s critical to have an experienced criminal defense lawyer on your side. Here’s how we can help:

• Analyze the accusations and applicable laws to build the strongest defense
• Challenge flaws or lack of evidence in the prosecution’s case
• Present evidence showing no intent to defraud or no loss occurred
• Negotiate for reduced charges or diversion programs to avoid jail time
• Advocate for the lowest possible penalties if convicted
• Avoid mistakes that could hurt your case

Our legal team has helped many clients fight fraud allegations and achieve the best possible outcome in their cases. Don’t go it alone against the criminal justice system. Schedule a free case evaluation today.

We know the complex fraud laws inside and out. We have experience beating these charges and keeping clients out of jail. Put our expertise to work for you.

The sooner you contact us, the sooner we can start defending your freedom and future. We are available 24/7 to take your call. You deserve the strongest defense in this difficult time.