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BAD CHECKS

How Serious is a “Bad Check” Violation?

Your Virginia Beach Criminal Lawyer can discuss the specifics of your case if you or a loved one has been accused of a “bad check” offense. The primary statute that details the offense can be found in two main code sections: §§ 18.2-181 and 18.2-182.

At the present time under Virginia Law , it is considered a felony (Class 6) if the bad check is purported be of a $200 value or more. On the other hand, if the amount allegedly represented by the instrument is less than $200, it is considered a misdemeanor (Class 1).

Your Virginia Beach Criminal Attorney can explain to you the nuances and exceptions to the law and ensure the prosecution is not making errors in handling the case. For example, there is a widely recognized exception to the $200 felony/misdemeanor penalty scheme; although a check issued in violation of the statute (18.2-181.1) may be less than $200, there still may be a felony case if there are other checks involved that amount to more than $200. Your Virginia Beach Criminal Lawyer will examine your case to determine important facts that may have significant consequences; there are relevant time periods and other qualifications that the prosecution must prove. Therefore, having an experienced Virginia Beach Criminal Lawyer on your side is crucial.

 

What Mental State must the Commonwealth of Virginia Prove to Convict?

Your trusted Virginia Beach Criminal Lawyer will explain the law in detail, as it applies to your case. Under the “Bad Check Statute”  the prosecution must show “intent to defraud,” as well as “knowledge” that funds were insufficient to cover the check. It is extremely important for an accused to tell his or her Virginia Beach Criminal Lawyer exactly what happened, as well as their mental processes during the alleged misconduct.
1. Va. Code 18.2-181.

2. Id.