Being accused of writing a bad check can feel overwhelming — especially when it happens during a time of financial stress or because of a simple banking mistake. Many people facing this charge never intended to commit a crime, but once a check bounces, it can quickly lead to an arrest and criminal prosecution. In Los Angeles County, these cases are often taken seriously and prosecuted aggressively, even if the circumstances were accidental.
California Penal Code 476a makes it illegal to write, pass, or deliver a check knowing there are not enough funds in the account to cover it, and doing so with the intent to defraud. This applies whether the check was for personal use, a business transaction, or to pay for goods or services. Importantly, the law focuses on what you knew and intended at the time — not just the fact that the check was returned unpaid.
Not every bounced check is a crime. Sometimes overdrafts happen because of deposit delays, accounting errors, or unexpected withdrawals. The key difference between an honest mistake and a criminal act is intent — and that’s often the weakest part of the prosecution’s case. With an experienced Los Angeles criminal defense attorney, it’s often possible to show there was no intent to defraud and fight for a dismissal, reduction, or alternative resolution that keeps your record clean.
What Is California Penal Code § 476a PC?
Penal Code 476a PC makes it a crime to make, draw, deliver, or attempt to deliver a check (or other payment order) while knowing there are insufficient funds in the account and intending to defraud the recipient.
In plain terms, it is illegal to knowingly issue a check that will bounce, with the purpose of deceiving someone — typically to obtain money, goods, services, or settle a debt without actually paying for it.
This statute applies to:
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Personal, business, and payroll checks
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Checks delivered in person, through the mail, or electronically
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Payments made in exchange for goods, services, rent, loans, or other financial obligations
The focus of the law is on intent. If you did not know the account lacked funds, or you believed the funds would be available when the check was processed, then you may have a valid legal defense. Penal Code 476a PC is designed to address intentional fraud — not honest mistakes or ordinary overdrafts.
Elements of a PC 476a Violation
To convict someone of violating Penal Code 476a PC, the prosecution must prove each of the following elements beyond a reasonable doubt:
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You made, drew, delivered, or attempted to deliver a check or order for payment.
This covers not only writing a check but also handing it over or attempting to use it as payment. -
You knew at the time there were insufficient funds in the account.
The key issue is knowledge. The prosecutor must show you were aware the account did not have enough money when the check was issued. -
You intended to defraud the person or business receiving the check.
It is not enough that the check bounced. The state must prove you acted with the intent to deceive or cheat the recipient. -
The check was presented for payment and dishonored by the bank.
The check must have been submitted to the bank and returned unpaid. Without this, the charge cannot stand.
If the prosecution fails to establish even one of these elements, you cannot be legally convicted. Many cases fall apart at this stage — for example, when there is evidence you reasonably believed funds would be available, the check was post-dated, or a bank processing error occurred.
Can You Go to Jail for Writing a Bad Check in California?
Yes, under Penal Code 476a PC, you can be sentenced to jail or prison for writing a bad check, depending on the circumstances of the alleged offense. This statute is classified as a wobbler, meaning the prosecution has discretion to charge it as either a misdemeanor or a felony.
When Jail Time Is Likely:
1. Value of the Check or Total Loss
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If the check (or checks) involved exceeds $950, the case may be prosecuted as a felony. Felony charges under PC 476a can result in up to three years in county jail under California’s realignment law.
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If the value is $950 or less, the case may be charged as a misdemeanor, punishable by up to one year in county jail.
Note: Prosecutors can aggregate multiple bad checks written within a 12-month period if they were part of a common scheme. In that case, the total amount — not the individual checks — controls the charging level.
2. Prior Criminal Record
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Individuals with prior theft, fraud, or forgery convictions may face more aggressive prosecution, including felony charges, even for smaller dollar amounts.
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Repeat offenders are also less likely to receive probation or diversion and may be more likely to face actual jail time.
3. Pattern or Intent to Defraud
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If the alleged conduct involved multiple victims, the use of fictitious names, or forged checks, prosecutors are more likely to pursue felony charges.
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Evidence that the defendant attempted to avoid repayment, closed accounts before the checks were cashed, or engaged in similar conduct previously increases the likelihood of jail.
Penalties for Violating Penal Code 476a PC
Writing a bad check in California is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony, depending on the amount involved, the circumstances of the offense, and the defendant’s prior criminal history.
Misdemeanor Penalties
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Up to 1 year in county jail
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Fines of up to $1,000
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Misdemeanor probation
Felony Penalties
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16 months, 2 years, or 3 years in county jail (under California’s realignment program)
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Fines of up to $10,000
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Felony probation
Additional Consequences
In both misdemeanor and felony cases, the court may order full restitution to the alleged victim for the amount of the check.
A conviction under Penal Code 476a PC can also result in:
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A permanent criminal record
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Difficulty finding or maintaining employment, especially in positions involving money or financial responsibility
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Problems obtaining or renewing professional licenses
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Immigration consequences for non-citizens
Related White Collar Crimes
[PC 470 – Forgery]
Makes it a crime to falsify a signature, alter, or create a document with the intent to defraud. Often charged in financial fraud cases involving checks or contracts.
[PC 476 – Passing Fictitious Checks]
Covers situations where someone attempts to pass or cash a check they know is fake, altered, or otherwise invalid. Closely related to PC 476a charges.
[PC 487 – Grand Theft]
Applies when the value of the stolen money or property exceeds $950. Prosecutors may file this alongside PC 476a if the bad check involved a large amount.
[PC 484 – Petty Theft]
Covers theft of money or property valued at $950 or less. This can overlap with PC 476a in cases involving lower-value checks.
Legal Defenses to PC 476a Charges
Being accused of writing a bad check under Penal Code 476a PC does not mean you will be convicted. The prosecution must prove every element of the charge beyond a reasonable doubt, and many cases fall apart once the facts are carefully examined. Common defenses include:
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Lack of Intent – The law requires proof that you knowingly issued the check with the intent to defraud. If the check bounced because of an honest mistake or financial mismanagement, this defense may apply.
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Banking Error – Sometimes checks are returned due to a bank’s mistake, delayed deposits, or clerical errors rather than insufficient funds in your account.
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Post-Dated Check – California courts generally do not treat post-dated checks as violations of PC 476a, since they are not considered immediate promises of available funds.
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Reasonable Belief Funds Would Be Available – If you reasonably believed money would be in the account at the time of payment (for example, you were waiting on a paycheck or deposit), the intent to defraud cannot be proven.
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Mistaken Identity – In some cases, someone else may have written or delivered the check in your name without your knowledge or consent.
Charged with Writing a Bad Check? Speak with a Los Angeles Criminal Defense Attorney Today
At The Law Offices of Arash Hashemi, we review banking records, transaction timelines, communication histories, and any available witness testimony to challenge the prosecution’s claims. Our goal is to find the weaknesses in their case and push for a dismissal, reduction, or other favorable resolution.
With over 20 years of experience defending clients in Los Angeles County, Attorney Arash Hashemi understands how prosecutors approach check fraud cases — and how to fight back effectively. Every case is reviewed personally, and defense strategies are tailored to the unique facts of your situation.
Do not wait until your first court date to get help. The earlier you involve an experienced criminal defense lawyer, the more opportunities there are to resolve your case before it damages your record, your career, or your future. Contact our office today for a free, confidential consultation.
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