Bad Check Offense Lawyer

Bad Check Offense Lawyer with over 20 years of experience.

Serving Manassas, Woodbridge, Leesburg, Fairfax, Centreville, Gainesville, Warrenton,
Dale City, Dumfries, Haymarket, Herndon, Reston,Alexandria and all locations in Prince William County, Fairfax County, Fauquier County, Stafford County, Loudoun County, Culpepper County, and Spotsylvania County.

Virginia law recognizes two substantive “bad check” offenses.

The offense of writing a bad check is a Class 6 felony if the check amount was for $200.00 or more.

If the bad check represents a lesser value than $200.00, then the offense is treated as a Class 1 misdemeanor.

However, a person who issues two or more checks has committed a Class 6 felony if:

  • the aggregate represented value is $200.00 or more;
  • the checks were issued within a ninety day period;
  • the checks were drawn upon the same institution; and,
  • the checks were made payable to the same person or entity.

Prosecution must prove intent to defraud and prove knowledge of insufficient funds.

To convict a person of bad check offenses the burden is on the prosecution to prove that the accused knew that their funds were insufficient to cover the check.

It also must be proven that there was intent to defraud the person to whom the check was uttered.

For over 20 years James J. McCoart, III, has represented clients accused of bad check offenses. If you are interested in discussing your bad check charge with an experienced attorney, then contact The Law Office of James J. McCoart, III, by telephone (703) 369-2734, or by email.