Lyndhurst NJ Check Fraud Defense Attorneys
Criminal Defense Lawyers with Offices in Hackensack, New Jersey
Check fraud in New Jersey is a criminal charge in New Jersey that can be punished as a felony offense or a disorderly persons charge depending on the amount of the bad check. Regardless, a conviction for check fraud will result in a permanent criminal charge on your record, a fine, possible probation and jail time depending on your criminal history.
At the Tormey Law Firm, our seasoned defense attorneys have been handling cases involving burglary, credit card fraud, and theft by deception throughout New Jersey for years, including in Fort Lee, Garfield City, and Lodi. In fact, Mr. Tormey was featured in the Daily Record in Morris County regarding shoplifting charges, the immigration consequences, and other potential penalties for those convicted. In addition, some of our lawyers have prosecuted these charges on behalf of the State and now use their training and expertise to defend our clients in court. Call us today at (201)-330-4979 for a free consultation about your case, and please continue reading this page for more information about check fraud charges in New Jersey.
Check Fraud in New Jersey: N.J.S.A. 2C:21-5
A person who issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee, commits an offense as provided for in subsection c. of this section. For the purposes of this section as well as in any prosecution for theft committed by means of a bad check, an issuer is presumed to know that the check or money order (other than a post-dated check or order) would not be paid, if:
a) The issuer had no account with the drawee at the time the check or order was issued; or
b) Payment was refused by the drawee for lack of funds, or due to a closed account, after a deposit by the payee into a bank for collection or after presentation to the drawee within 46 days after issue, and the issuer failed to make good within 10 days after receiving notice of that refusal or after notice has been sent to the issuer’s last known address. Notice of refusal may be given to the issuer orally or in writing in any reasonable manner by any person.
c) An offense under this section is:
1) a crime of the second degree if the check or money order is $ 75,000.00 or more;
2) a crime of the third degree if the check or money order is $ 1,000.00 or more but is less than $ 75,000.00;
3) a crime of the fourth degree if the check or money order is $ 200.00 or more but is less than $ 1,000.00;
4) a disorderly persons offense if the check or money order is less than $ 200.00.
Penalties for Writing Bad Checks in New Jersey
In New Jersey, it is a crime to write a check when the money is not in your account to cover the check, even when the mistake is due to confusion with your direct deposit or a problem with your account balance. Any check written for more than $200.00 when that money is not in your account can be charged as a indictable criminal offense.
The grading is as follows:
- Second Degree Check Fraud: $75,000.00 or more (punishable by five (5) to ten (10) years in state prison)
- Third Degree Check Fraud: Amount between $1,000.00 and $75,000.00 (punishable by three (3) to five (5) years in state prison)
- Fourth Degree Check Fraud: Amount between $200.00 and $1,000.00 (punishable by up to 18 months in state prison)
- Disorderly Persons Offense: Amount less than $200.00 (punishable by up to six (6) months in the county jail)
Speak with a Fort Lee NJ Criminal Defense Lawyer about Your Check Fraud Charges
For immediate assistance with your check fraud or theft charges in New Jersey, contact the offices of The Tormey Law Firm anytime at (201)-330-4979. You can also email us to schedule a free consultation about your case.