Penal Code 476a § PC - Bad Checks

Table of contents

Click To travel To Chapters

1. What is Penal code § 476a § PC?

In California, writing a “bad check” is a crime under Penal Code 476a PC, which occurs when someone writes a check knowing there are insufficient funds in their account to cover it. The law makes it illegal to use a check as a means of payment when the account lacks enough money to honor the check, with the intent to defraud the recipient. To be convicted under Penal Code 476a PC, the prosecution must prove that the person intentionally issued or attempted to use a check they knew would not be honored by the bank. Below, we’ll explore the elements of the crime, legal defenses, penalties, and related consequences.

1. Elements of the Crime

To convict someone under Penal Code 476a PC, the prosecution must establish the following elements:

Willfully Issued or Attempted to Issue a Check: The defendant intentionally wrote or tried to write a check for the payment of money. A check is a written order directing a bank or institution to pay a certain amount of money to the person or business named on the check.
Insufficient Funds: At the time the check was written or attempted to be written, there were not enough funds in the defendant’s account to cover the full payment of the check.
Knowledge of Insufficient Funds: The defendant knew that there were insufficient funds in the account to cover the check at the time of issuing it.
Intent to Defraud: The defendant issued or attempted to issue the check with the intent to deceive or trick the payee into believing that the check was valid, knowing it would not be honored by the bank.

It is important to note that the law does not require that the check actually cause a financial loss to the payee. The key factor is the intent to defraud, which means the defendant knowingly and deliberately misrepresented the validity of the check to the recipient.

Penal Code 476a PC makes it illegal to issue a check when there are insufficient funds in the account, with the intent to defraud the payee. The crime can be charged as a misdemeanor or felony, depending on the amount involved and the defendant’s prior record. Penalties include jail time, fines, and the potential for a civil lawsuit to recover the amount of the check. Legal defenses, such as a lack of intent to defraud or informing the payee about insufficient funds, can be used to challenge these charges.

At Grace Legal Group, we understand the complexities of criminal charges related to bad checks. If you or someone you know is facing accusations under Penal Code 476a PC, contact us today for a free consultation. Our experienced criminal defense attorneys will help protect your rights and work toward the best possible outcome for your case.

Penal Code 476a § PC Law Reads As Followed:

Every person who, for himself or as the agent or representative of another, or as an officer of a corporation, willfully, with intent to defraud, makes or draws or utters or delivers any check, draft, or order upon any bank or depositary, or person, or firm, or corporation, for the payment of money, knowing at the time of such making, drawing, uttering, or delivering, that the maker or drawer has not sufficient funds in, or credit with, such bank or depositary, or person, or firm, or corporation, for the payment of such check, draft, or order in full upon its presentation, although no express representation is made in reference thereto, is punishable by imprisonment in the county jail for not more than one year, or in the state prison.

2. What Are Examples of Penal Code 476a § PC?

Penal Code 476a PC criminalizes the act of knowingly writing or issuing a bad check when there are insufficient funds in the account to cover the payment. This offense can occur in a variety of circumstances where an individual intentionally defrauds another by issuing a check that cannot be honored. Understanding examples of how Penal Code 476a PC applies can help clarify the types of actions that fall under this law. Below are some common examples of violations of Penal Code 476a PC:

1. Issuing a Check for Rent Knowing There Are Insufficient Funds

One common example of Penal Code 476a PC is issuing a rent check knowing that the account has insufficient funds. In this case, the tenant writes a check to cover the rent payment but is fully aware that there isn’t enough money in their bank account to cover it.

Example: Laura writes a check for $1,500 to her landlord to cover her rent payment. At the time she writes the check, Laura knows her bank account has only $200, making it impossible for the check to clear. Even though she hands the check to the landlord with a smile, she fully intends to defraud him. When the check bounces, the landlord may report the issue, and Laura could be charged under Penal Code 476a PC.

2. Writing a Check to Purchase Goods While Intending to Defraud the Seller

Penal Code 476a PC applies when a person knowingly uses a bad check to buy goods or services, intending to trick the seller into believing they will be paid. This is particularly common in transactions involving high-value goods.

Example: Greg purchases a high-end television from an electronics store, writing a check for $2,000. At the time of the purchase, Greg is aware that his account balance is $0. He knows the check will bounce, but he hopes to receive the television before the store realizes that the payment won’t clear. Once the store attempts to deposit the check and it bounces, Greg could face criminal charges under Penal Code 476a PC.

3. Issuing a Check to a Contractor Without Sufficient Funds

Another example of Penal Code 476a PC is issuing a bad check for services rendered by a contractor. When a person hires a contractor to complete work and then issues a check for payment knowing there aren’t enough funds to cover it, they may be guilty of violating this law.

Example: Sarah hires a contractor to renovate her kitchen. After the job is completed, she writes a check for $4,500 as payment. At the time she writes the check, Sarah is aware that she only has $200 in her checking account. When the contractor tries to cash the check and it bounces, Sarah could be charged under Penal Code 476a PC for intentionally defrauding the contractor.

4. Paying for Services with a Post-Dated Check

Post-dating a check with the understanding that there will be sufficient funds at a later date is not a violation of Penal Code 476a PC as long as the payee is informed about the post-dated check. However, if the person post-dates the check with no intent or expectation of having enough funds when the check is cashed, this could be considered a violation of Penal Code 476a.

Example: Michael writes a post-dated check for $750 to his landscaper and asks the landscaper not to cash it until the following week, at which point Michael expects to have the funds available. This is not a violation of Penal Code 476a PC as long as the landscaper agrees to wait. However, if Michael never intends to have enough money in his account and the check bounces, he could face charges.

5. Using a Bad Check to Repay a Personal Loan

A person who writes a check to repay a personal loan, knowing there are insufficient funds, may also be in violation of Penal Code 476a PC. This is considered an attempt to defraud the lender by issuing a check that cannot be cashed.

Example: Chris borrows $1,200 from a friend and writes a check for repayment. He is fully aware that his bank account only has $50. When his friend tries to cash the check and it bounces, Chris could be charged under Penal Code 476a PC for issuing a bad check with the intent to deceive his friend.

6. Giving a Bad Check to Cover Medical Bills

In some cases, individuals may issue bad checks to cover bills for services they’ve already received, such as medical expenses. If they knowingly issue a check without sufficient funds, this may be charged under Penal Code 476a PC.

Example: Karen visits her doctor and receives treatment that costs $950. She writes a check to the doctor’s office for the full amount, but she knows her bank account only has $100. When the office tries to process the payment and it fails, Karen could face legal consequences under Penal Code 476a PC for knowingly issuing a bad check.

7. Offering a Bad Check as Payment in a Business Transaction

Penal Code 476a PC also applies to businesses or individuals conducting business transactions. If a person knowingly writes a bad check as part of a business deal, they can be charged under this statute.

Example: A small business owner, David, buys wholesale supplies from a vendor and writes a check for $3,500. David knows that his business account doesn’t have enough funds to cover the check, but he hopes to get the supplies before the vendor realizes the payment won’t go through. Once the vendor attempts to cash the check and it bounces, David could be prosecuted under Penal Code 476a PC.

3. What Are the Common Defenses Against Penal Code 476a § PC?

Penal Code 476a PC makes it a crime in California to knowingly write or issue a bad check with the intent to defraud. If convicted, individuals can face serious penalties, including jail time, fines, and a permanent criminal record. However, there are several defenses that individuals can raise to challenge these charges. Each case is unique, but there are common legal strategies that can help defend against accusations of writing bad checks under Penal Code 476a PC. Below are some of the most effective defenses.

1. Lack of Intent to Defraud

A key element of a Penal Code 476a PC violation is the intent to defraud. In order to be convicted, the prosecution must prove that the defendant knowingly issued a check that would not be honored and intended to deceive or defraud the recipient. If the defendant did not have fraudulent intent, they cannot be found guilty under this statute.

Example: Susan writes a check to a friend for $1,000, believing she has sufficient funds in her account. When the check bounces, Susan is shocked, as she was unaware that her account balance was lower than expected. Since Susan did not intend to defraud her friend, she may use this lack of intent as a defense.

Without proof of intent to deceive, the charges under Penal Code 476a PC may be dropped or reduced.

2. Post-Dated Check

A post-dated check is a check that is written with a future date, meaning the recipient is instructed not to cash or deposit it until a later time. If the defendant informed the recipient to wait until a later date when sufficient funds would be available, the issuance of the check may not be considered fraudulent under Penal Code 476a PC.

Example: Daniel gives his landlord a check for $750, post-dated for a week later, knowing that he will have enough money in his account by that date. If the landlord attempts to cash the check immediately and it bounces, Daniel may not be guilty under Penal Code 476a PC because he instructed the landlord to wait until a future date when the funds would be available.

As long as the payee is informed of the post-dated nature of the check, this can be a valid defense.

3. Informed the Payee About Insufficient Funds

Similar to the post-dated check defense, if the defendant informed the payee at the time the check was issued that there were insufficient funds, it may not be considered fraudulent. In this case, both parties are aware that the check cannot be cashed immediately, and there is no intent to deceive.

Example: Katie writes a check for $500 to a vendor, but she tells the vendor at the time of writing the check that she currently doesn’t have enough money in her account to cover it. The vendor accepts the check, knowing that it cannot be cashed right away. Katie’s defense would be that she did not attempt to defraud the vendor, as she clearly informed them of the insufficient funds.

If the defendant was upfront about the lack of funds, the case could be dismissed or the charges reduced.

4. Check Was Written by Mistake

In some cases, defendants may claim that they wrote or issued a bad check by mistake, without realizing they had insufficient funds or misunderstanding the nature of the payment. If the defendant can show that the check was not written willfully or intentionally, this can serve as a strong defense.

Example: John has two checking accounts and accidentally writes a check from the wrong account, which has insufficient funds. John was not attempting to defraud anyone; he simply made an honest mistake in selecting the wrong checkbook. This lack of intent can be used as a defense in court.

If a defendant’s actions were unintentional, they cannot be held criminally liable under Penal Code 476a PC.

5. Bank Error

Another possible defense is that the check bounced due to a bank error rather than insufficient funds. If the defendant can show that their bank made a mistake in processing the check or in handling the account, they may be able to avoid criminal charges.

Example: Maria writes a check for $1,200, knowing she has enough funds in her account to cover it. However, due to a technical error at her bank, the check is returned for insufficient funds. Maria can use the bank’s mistake as a defense, as she had no intention to defraud and expected the check to clear.

Documentation from the bank confirming the error can strengthen this defense.

6. No Knowledge of Insufficient Funds

A defendant may also argue that they were unaware that their account did not have enough funds to cover the check. This could happen if the defendant believed that a deposit had been made, that they had overdraft protection, or if they misunderstood their account balance. If the defendant had no knowledge of the insufficient funds, they cannot be found guilty of intentionally issuing a bad check.

Example: Mark writes a check for $500, believing that a recent deposit has cleared and that there is enough money in his account. When the check bounces, he learns that the deposit had not yet been processed. Since Mark did not know about the insufficient funds, he can argue that there was no intent to defraud.

Lack of knowledge about the account balance is a strong defense if the defendant can show they genuinely believed the funds were available.

7. The Check Was Forged

In some cases, the defendant may claim that they did not actually write or authorize the check in question. If the check was forged or issued without the defendant’s knowledge, they cannot be held responsible for the bounced check under Penal Code 476a PC.

Example: Sarah’s checkbook is stolen, and someone writes a bad check using her name and signature. Sarah had no involvement in the transaction and was unaware that the check had been issued. She can defend herself by proving that the check was forged, and she was not the one who issued it.

Proof of forgery or identity theft is a valid defense to charges under Penal Code 476a PC.

our clients say it best

Client Testimonials

4. What Are The Penalties for Violating Penal Code 476a § PC?

In California, writing or issuing a bad check with the intent to defraud is a crime under Penal Code 476a PC. This statute makes it illegal to knowingly issue a check from an account with insufficient funds, and the penalties for violating this law can range from relatively minor consequences to more severe punishments, depending on the specific circumstances of the case. Factors such as the amount of the bad check, the defendant’s criminal history, and whether the offense is charged as a misdemeanor or felony all influence the penalties. Here, we’ll explore the potential penalties for violating Penal Code 476a PC.

1. Misdemeanor Penalties for Penal Code 476a PC

If the total amount of the bad check or checks is $950 or less, and the defendant does not have any prior convictions for similar crimes, Penal Code 476a PC is typically charged as a misdemeanor. This means the penalties are less severe than they would be for a felony, but the defendant can still face significant consequences.

County Jail Time: A misdemeanor conviction for violating Penal Code 476a PC can result in up to one year in county jail.
Fines: The court may impose a fine of up to $1,000 in addition to, or instead of, jail time.
Restitution: In most cases, the defendant will also be ordered to pay restitution to the victim for the full amount of the bad check. This is a court-ordered repayment to the person or business that suffered the financial loss.
Probation: In some instances, a judge may opt to sentence the defendant to probation rather than jail time. Probation typically lasts for 1 to 3 years and comes with specific conditions, such as regular check-ins with a probation officer, attending financial responsibility courses, or paying fines and restitution.

2. Felony Penalties for Penal Code 476a PC

Penal Code 476a PC is considered a “wobbler” offense, which means it can be charged as either a misdemeanor or a felony. If the amount of the bad check or checks exceeds $950, or if the defendant has prior convictions for similar crimes, the offense may be charged as a felony. Felony charges come with much more severe penalties than misdemeanor charges.

County Jail Time: A felony conviction for Penal Code 476a PC can result in up to three years in county jail. California’s realignment program allows non-violent felons to serve their sentences in county jail rather than state prison.
Fines: The court may impose a fine of up to $10,000 for a felony conviction.
Restitution: As with misdemeanor convictions, the defendant will be required to pay restitution to the victim, reimbursing them for the amount of the bad check. This is often a central part of the penalty for financial crimes like writing bad checks.
Felony Probation: In some felony cases, the court may grant felony probation instead of imposing a jail sentence. Felony probation typically lasts longer than misdemeanor probation and has stricter conditions, such as regular check-ins, community service, or completion of financial education courses. Failure to comply with probation terms can lead to imprisonment.

3. Additional Civil Penalties

In addition to criminal penalties, victims of bad checks can pursue civil remedies to recover their losses. This means that the payee (the person or business that received the bad check) can sue the defendant in civil court, even after the criminal case is resolved. Civil remedies allow the victim to recover the full amount of the bad check, plus additional damages.

Civil Lawsuits: The payee can file a lawsuit in small claims court to recover the amount of the bad check, as well as any additional damages. For bad checks up to $12,500, victims can sue in small claims court, often after sending a demand letter to the defendant.
Additional Damages: In some cases, the payee can seek additional damages of up to $1,500 in civil court. This is designed to compensate the victim for the inconvenience or financial hardship caused by the bounced check.

4. Immigration Consequences

For non-citizens, a conviction under Penal Code 476a PC can have serious immigration consequences. Writing a bad check is considered a crime of moral turpitude, which may affect a non-citizen’s immigration status. Crimes of moral turpitude can lead to deportation or make a person inadmissible to the United States.

Deportation: If convicted of a crime of moral turpitude like issuing a bad check, a non-citizen may face deportation or removal from the country.
Inadmissibility: A conviction for a crime of moral turpitude can also render a non-citizen inadmissible, meaning they may be barred from reentering the U.S. or applying for citizenship or legal residency.

5. Impact on Gun Rights

In California, individuals convicted of felonies lose their right to own or possess firearms. If Penal Code 476a PC is charged as a felony and the defendant is convicted, they will face a lifetime ban on firearm ownership.

Felony Firearm Ban: Under California law, anyone convicted of a felony is prohibited from purchasing, owning, or possessing a gun. This ban applies for life unless the conviction is later reduced to a misdemeanor or expunged.
Misdemeanor Convictions: If Penal Code 476a PC is charged and convicted as a misdemeanor, the defendant’s gun rights will not be affected.

6. Record Expungement

Defendants convicted of Penal Code 476a PC may be eligible for expungement under certain conditions. Expungement allows a person to clear their criminal record after completing their sentence or probation, providing a fresh start and reducing the long-term impact of a conviction.

Eligibility: To be eligible for expungement, the defendant must successfully complete probation or serve their full jail sentence. They must also not face any new charges at the time of the expungement request.
Expungement Benefits: Expungement can help individuals move on from their conviction, as it allows them to legally say they have not been convicted of a crime in most cases, except in certain situations such as applying for a government job.

5. What Are the Related Offenses To Penal Code 476a § PC?

Penal Code 476a PC criminalizes the act of writing or issuing a bad check with insufficient funds and the intent to defraud. However, there are several other offenses related to financial fraud and theft that may be charged alongside or instead of a violation of Penal Code 476a PC. These related offenses involve various forms of financial dishonesty, including check fraud, forgery, and theft. Understanding these related offenses can provide insight into the broader legal context of financial crimes in California.

Here are the key offenses related to Penal Code 476a PC:

1. Check Fraud (Penal Code 476 PC)

Penal Code 476 PC addresses check fraud, a crime that occurs when someone creates, uses, or presents a fake or altered check with the intent to defraud. This offense is similar to writing a bad check but involves forgery or falsification of the check itself, rather than just issuing a check with insufficient funds.

Key Difference: While Penal Code 476a PC deals with knowingly issuing a check that will bounce, Penal Code 476 focuses on forging or falsifying a check to deceive the payee. The defendant may be accused of forging the signature, altering the amount, or fabricating an entire check.
Penalties: Check fraud is a “wobbler” offense, meaning it can be charged as a misdemeanor or a felony, depending on the circumstances. Misdemeanor penalties include up to 1 year in county jail, while felony penalties can result in up to 3 years in state prison.

2. Forgery (Penal Code 470 PC)

Penal Code 470 PC makes forgery a crime, which includes signing someone else’s name, faking a signature, or altering legal documents with the intent to defraud. Forgery is often related to financial crimes involving checks, contracts, or other financial documents.

Key Difference: Forgery under Penal Code 470 PC applies broadly to altering or falsifying any document with the intent to deceive, while Penal Code 476a PC specifically covers checks issued with insufficient funds. A person may be charged with forgery if they falsify a check or alter the signature to make it appear valid.
Penalties: Like check fraud, forgery is a wobbler offense. A misdemeanor conviction can lead to up to 1 year in county jail, while a felony conviction can result in a sentence of up to 3 years in state prison.

3. Grand Theft (Penal Code 487 PC)

Penal Code 487 PC defines grand theft as the unlawful taking of someone else’s property when the value of the property exceeds $950. In some cases, writing a bad check can be considered grand theft if the value of the check is high enough and the defendant intended to steal the money or goods associated with the check.

Key Difference: Penal Code 476a PC focuses on the act of issuing a check with insufficient funds, while Penal Code 487 PC addresses the broader crime of stealing property worth more than $950. Writing a bad check for an expensive purchase, knowing that it would bounce, can be charged as grand theft.
Penalties: Grand theft can be charged as a misdemeanor or felony. A misdemeanor conviction may lead to up to 1 year in jail, while a felony conviction can result in up to 3 years in state prison.

4. Petty Theft (Penal Code 488 PC)

Penal Code 488 PC covers petty theft, which occurs when a person steals property valued at $950 or less. Writing a bad check for an amount below this threshold can result in charges of petty theft if the intent was to defraud and steal the goods or services associated with the check.

Key Difference: While Penal Code 476a PC involves the act of issuing a bad check, Penal Code 488 PC addresses the theft of property itself. If the check amount is less than $950, the defendant may face petty theft charges in addition to or instead of bad check charges.
Penalties: Petty theft is a misdemeanor, punishable by up to 6 months in county jail and fines of up to $1,000.

5. Identity Theft (Penal Code 530.5 PC)

Penal Code 530.5 PC criminalizes identity theft, which occurs when someone uses another person’s personal identifying information, such as their name, Social Security number, or bank account information, without their consent to commit fraud. Identity theft can include writing checks from someone else’s account or using stolen account information to issue bad checks.

Key Difference: Identity theft involves using someone else’s personal or financial information to commit fraud, while Penal Code 476a PC specifically addresses writing checks from one’s own account with insufficient funds. If a defendant writes a check using stolen bank account information, they may face identity theft charges.
Penalties: Identity theft is a wobbler offense. A misdemeanor conviction can lead to up to 1 year in jail, while a felony conviction can result in up to 3 years in state prison.

6. Embezzlement (Penal Code 503 PC)

Penal Code 503 PC defines embezzlement as the theft or misappropriation of funds or property by someone who has been entrusted to manage or control them. In some cases, writing a bad check could be considered embezzlement if the defendant was entrusted with managing funds and used those funds fraudulently.

Key Difference: Embezzlement applies to individuals who have legal access to funds but misappropriate them for personal gain, whereas Penal Code 476a PC focuses on issuing a bad check. If a business owner writes a bad check from company accounts for personal purchases, they could face embezzlement charges.
Penalties: Embezzlement is a wobbler offense. For amounts over $950, it can be charged as a felony, with a maximum penalty of 3 years in state prison. For amounts less than $950, it is typically charged as a misdemeanor.

7. Credit Card Fraud (Penal Code 484g PC)

Penal Code 484g PC makes it illegal to fraudulently use a credit or debit card to obtain goods, services, or money. This offense is related to writing bad checks because both involve fraudulent payment methods that deceive a vendor or individual.

Key Difference: Credit card fraud involves using a credit or debit card with the intent to defraud, while Penal Code 476a PC focuses on checks. However, both crimes involve the intent to use a payment method that the defendant knows will not be honored.
Penalties: Credit card fraud is a wobbler offense. As a misdemeanor, it is punishable by up to 1 year in county jail, and as a felony, it can result in up to 3 years in state prison.

Protecting Your Rights, Defending Your Future

Get in touch with our lawyers today to schedule a consultation and learn how we can help you. We are here to answer your questions and provide you with the support you need during this difficult time.

Client Satisfaction Is Priority

You Are More Than What They Say

We Always Go The Extra Mile

Get A Free Consult

818.650.1744

@Gracelegalgroup