Your Check Fraud Defense Lawyers In San Diego
Check Fraud takes on many forms and in some cases, the line between the giving wrong information and fraud may not be entirely clear. The best defense attorneys use investigators and experts to make that line clear. Our lawyers, we investigate and work hard to clarify the situation and help prosecutors to understand the truth of our clients’ innocence.
What is Check Fraud under California Law?
California Penal Code §476 defines Check Fraud as “Every person who makes, passes, utters, or publishes, with intent to defraud any other person, or who, with the like intent, attempts to pass, utter, or publish, or who has in his or her possession, with like intent to utter, pass, or publish, any fictitious or altered bill, note, or check, purporting to be the bill, note, or check, or another instrument in writing for the payment of money or property of any real or fictitious financial institution as defined in Section 186.9 is guilty of forgery.”
What must the prosecution prove to convict someone of Check Fraud?
In order to be found guilty of Check Fraud, the prosecution must prove beyond a reasonable doubt that the defendant:
1. The defendant signed someone else’s name/false name on a check
2. The defendant did not have the authority to sign that name
3. The defendant knew that he or she did not have that authority, and
4. When the defendant signed the check, he or she intended to defraud
Defenses to Check Fraud
Being accused of Check Fraud is a very serious matter. Facing these kinds of charges is not easy on an emotional or legal level. To fight Check Fraud charges the following defenses can be used to aid your case:
No Intent One must have the intent to commit Fraud, thus if you didn’t intend to defraud you are not guilty of fraud.
Insufficient Evidence Many check fraud cases are very difficult to prove so your case might be a case that doesn’t have ENOUGH evidence for you to be convicted of check fraud.
False Accusation There may be a possibility that you are being falsely accused of Check Fraud. Perhaps the police or prosecutors are relying on misleading evidence. In this case, your defense lawyer will employ the services of a professional investigator to interview witnesses and investigate the false evidence on which the prosecution is relying to try to prove your guilt and prepare a defense strategy that will protect you against an unjust prosecution.
Check Fraud, as a felony or a misdemeanor, can result in very serious penalties such as imprisonment in the county jail or state prison. However, your attorney will prepare defense strategies, which can avoid prosecution and mitigate the seriousness of potential punishments. Please don’t try to be your own defense attorney. Contact My Criminal Defense today to set up a FREE confidential consultation to protect your freedom and reputation against unjust prosecution!!
My Criminal Defense has successfully defended many clients, falsely accused of Fraud crimes, by conducting a thorough investigation of the facts of each of our clients’ cases. Our criminal defense attorneys have extensive experience handling such cases and, with our defense team of investigators and experts, our attorneys can help defend your legal rights and protect you against wrongful and unjust prosecution.
With more than 27 years of experience serving as a legal defense team in Southern California located in San Diego, we pride ourselves in our ability to create successful strategies that will protect your life and freedom. TAKE IMMEDIATE STEPS TODAY to protect your life and freedom. Call us to set up a FREE confidential consultation.