It can happen to the best of us: you write a check with the full intent of having the money withdrawn from your bank account, only to forget to transfer funds in time for the check to clear. Now you’re dealing with the consequences of a bounced check, which can have criminal implications in Massachusetts. If you’ve been charged with larceny by check in Massachusetts, you need a skilled criminal defense attorney on your side who can help. Reach out to the Law Office of Paul R. Moraski today for your consultation to get started.

What Happens if You Write a Bad Check in MA? 

If you write a check in Massachusetts that bounces–meaning that there is not enough money in the checking account for the check to clear–you could face legal consequences, including a criminal charge on your permanent record, a large fine, and even jail time. Indeed, penalties for a bad check crime, known as larceny by check, include up to five years in state prison, two years in jail, and/or up to $25,000 in fines. For lesser offenses, the crime is a misdemeanor that carries less severe penalties. 

In addition to prison/jail time and large fines, a convicted defendant may also face probation, restitution, and community service. The conviction could also result in loss of employment and removal from professional boards. 

Larceny By Check Charges: What to Know

The first thing to know about bad check crimes is how they are actually defined under Massachusetts law and what the prosecution has to prove to secure a conviction. 

First, under Massachusetts General Laws, larceny by check occurs when a person “with intent to defraud, makes, draws, utters, or delivers any check, draft or order for the payment of money upon any bank or other depository, with knowledge that the maker or drawer has not sufficient funds or credit at such bank…” In other words, the crime is committed when a person issues a bad check with a) intent to defraud and b) knowledge that they do not have sufficient funds in their bank account to cover the check.

In order for the prosecution to secure a conviction, it will have to prove: 

• The defendant issued a check;
• The check was for a monetary payment; 
• The defendant knew that their bank account did not hold sufficient funds to cover the check; and 
• The defendant had intent to defraud the check recipient. 

How to Defend Yourself in Massachusetts Criminal Cases

The defense you build will be very unique to you, so it’s important that you work with a skilled attorney who can review the details of your case and build a defense that’s specific to those details. One common defense is simply that the defendant did not have intent to defraud or did not have knowledge of insufficient funds. Another may be that the check itself was fraudulent and issued by another party, not the defendant themselves. 

Call an Experienced Criminal Defense Attorney Today 

To learn more about the defenses and options available to you and how a skilled Massachusetts criminal defense attorney can help, call the Law Office of Paul R. Moraski today. We’ll work hard to protect your rights when you’re facing the worst. Reach out online or call (978) 397-0011 now.