Charges Involving a Worthless Check Under Florida Law

There are many different types of fraud-related offenses for which a person can face criminal charges under state and federal law. Worthless check charges are one type of fraud-related offense under Florida law, identified under Section 832.05 of the Florida Statutes. What are charges involving a worthless check, when can you face these types of charges, and what are the potential penalties in the event of a conviction? A Tampa fraud defense lawyer at the Law Offices of Daniel J. Fernandez, P.A. can explain in more detail.

Understanding Offenses for Giving Worthless Checks, Drafts, and Debt Card Orders

Under Section 832.05 of the Florida Statutes, a person can face criminal charges for “giving worthless checks, drafts, and debit card orders.” In effect, if you make a payment in-person or online with a “check” — meaning a physical check, or a bank draft or debit card payment — for which you do not have sufficient funds to cover the amount, you may face charges under this statute. The statute expressly states:

“It is unlawful for any person . . . to draw, make, utter, issue, or deliver to another any check, or other written order on any bank or depository, or to use a debit card, for the payment of money or its equivalent, knowing at the time of the drawing, making, uttering, issuing, or delivering such check or draft, or at the time of using such debit card, that the maker or drawer thereof has not sufficient funds on deposit in or credit with such bank or depository with which to pay the same on presentation…”

Penalties for a Worthless Check Conviction

If you make out a check or make a debit card payment or bank draft when you do not have the money to cover the payment, you can face charges under the above section of the Florida Statutes. The penalties upon conviction will depend on the amount of the check or bank or debit card payment:

• For worthless checks or payments under $150, you will face a first-degree misdemeanor, which can result in up to one year in jail and a fine of up to $1,000; and
• For worthless checks or payments of $150 or more, you will face third-degree felony charges, which can result in up to 5 years in prison and a fine of up to $5,000.

Contact Our Tampa Criminal Defense Attorneys for Assistance Defending Against Worthless Check and Other Fraud-Related Charges in Florida

If you are facing criminal charges involving a worthless check, it is essential to seek legal help with your defense. As we discussed above, this is a serious type of fraudulent offense in Florida that can have severe consequences upon conviction. Indeed, many worthless check-related charges are felonies, which can result in years in prison. It is important to do everything you can to avoid a conviction, and one of the experienced Tampa fraud defense lawyers at the Law Offices of Daniel J. Fernandez, P.A. can assist you. Contact our firm today to learn more about how we can help you with defenses against fraud-related charges under state and federal law in Florida.

Sources: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0832/Sections/0832.05.html