Can You Go to Jail for Writing a Bad Check in Georgia?
Most people don’t set out to write a bad check on purpose, but it happens more often than many realize, and the legal consequences can be severe. Whether it was due to a mistake, a miscommunication with your bank, or an intentional act, writing a bad check in Georgia can lead to criminal charges, fines, and even jail time. At The Spizman Firm in Atlanta, Georgia, we help clients understand the law surrounding bad checks and defend against these often misunderstood charges.
What Is Considered a Bad Check Under Georgia Law?
Under Georgia law, a “bad check” is typically one written when there are insufficient funds in the account to cover it. The legal term is “deposit account fraud,” and it’s governed by O.C.G.A. § 16-9-20. The law applies not only to traditional checks, but also to other forms of negotiable instruments drawn on a bank account.
To be charged with deposit account fraud, the check must have been knowingly written without sufficient funds and with the intent to defraud. If it can be proven that you didn’t realize the funds weren’t available, or that it was a banking error, you may have a valid defense.
Misdemeanor or Felony?
Whether writing a bad check results in a misdemeanor or felony charge depends largely on the amount of the check:
- If the check is for less than $500, it is generally charged as a misdemeanor.
- If the check is for $500 or more, it may be prosecuted as a felony.
A misdemeanor conviction can carry up to 12 months in jail and/or a fine of up to $1,000. A felony conviction can lead to one to five years in prison, along with substantial fines and restitution.
Civil Penalties May Also Apply
In addition to criminal consequences, you could also face civil penalties. If someone receives a bad check from you, they may send a formal demand for payment. If you don’t respond within 10 days, they may sue you in civil court for the amount of the check, plus damages and attorney’s fees.
Common Defenses to Bad Check Charges
Not every bad check situation leads to a conviction. Some common defenses include:
- You were unaware the account lacked funds
- The check was post-dated and deposited early
- There was a banking or clerical error
- You repaid the amount promptly
An experienced criminal defense attorney can evaluate your specific situation and determine the best path forward.
Get Help from an Experienced Attorney
If you’re facing charges for writing a bad check in Georgia, it’s important to act quickly. A criminal record can have lasting effects on your employment, finances, and reputation. Our Atlanta Criminal Defense Attorneys provide strong, knowledgeable defense for individuals accused of financial crimes, including deposit account fraud.
The Spizman Firm proudly serves clients across Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. Contact us today for a confidential consultation and let us help you protect your future.
