Understanding Arizona Bad Check Law: ARS 13-1807
Facing charges for issuing a bad check in Arizona can be overwhelming. The legal system can feel complex and often intimidating. Lawyer Listed provides clear information on the specifics of the charge and the potential penalties, helping you navigate each step of the process.
This guide provides an in-depth examination of Arizona’s bad check laws, offering detailed explanations of key legal terminology, sentencing frameworks, and the broader implications of the charge.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona white collar crimes attorney. If you are charged with issuing a bad check, let Lawyer Listed match you with your ideal white collar crimes lawyer as soon as possible.
What Constitutes a Bad Check in Arizona?
Elements of the Arizona Bad Check Law
Under ARS 13‑1807, issuing a bad check requires proof that:
- You issued or passed a check; and
- At the time you issued the check, you knew that your account with the bank (or other drawee) did not have enough funds to pay the full amount of the check, along with any other checks that were still outstanding.
The offense hinges on your knowledge of insufficient funds at the time of issuance, not merely on the fact that the check bounced.
Key Concepts of Issuing a Bad Check
- Knowingly means that you are aware of your actions or the circumstances that make up the offense. It doesn’t require that you know your conduct is illegal; you just need to be conscious of what you are doing or the situation you are in.
- Check means any written order—whether called a check, draft, or by another name—that directs a bank or other drawee to pay money.
- Draw means to make, prepare, write, issue, or deliver a check.
- Funds means money or available credit that can be used to pay a check.
- Issue means giving, or causing a check to be given, to another person in a way that gives that person a legal right to enforce the check against the drawer. A person who writes a check with the intent that it be delivered is considered to have issued it once the delivery occurs.
- Pass means handing a check you received from someone else to another person, not just to cash or deposit it, but in a way that gives that new person a legal claim to the check.
- Drawee means the person, bank, or financial institution that is directed to pay the amount stated in a check. The drawee is the party on whom the check is drawn and who may be required to honor it when the check is presented for payment.
- Drawer means the person or entity that writes and signs a check, thereby directing the drawee to pay the stated amount to the payee. By issuing the check, the drawer creates the obligation to make payment.
Proving Knowledge of Insufficient Funds
In some situations, Arizona law allows a jury to presume that you knew you did not have enough money in your account.
The law allows this presumption of knowledge in three specific situations:
- You Had No Account: If you wrote a check on a bank account that didn’t exist, the jury can infer you knew there were no funds to cover it.
- Your Account Was Closed: If your account had been closed when you wrote the check, the jury can infer you knew there were insufficient funds.
- You Didn’t Pay After Notification: If the bank refused to pay your check because of insufficient funds, and you received proper notice of this refusal, the jury can infer you knew about the problem if you didn’t pay the full amount due (plus reasonable costs) within 12 days of receiving that notice.
- Actual Notice means someone told you directly, in person or by phone, that your check was rejected for insufficient funds.
- Written Notice means a formal letter sent to you by registered mail, certified mail with return receipt requested, or by regular mail accompanied by an affidavit confirming it was mailed. The notice must be addressed to the location shown on the check, in the bank’s records, or in the records of the person or business to whom the check was given. When written notice is properly sent, the law presumes that you received it no later than five days after the date it was mailed.
It’s important to understand that these are just inferences the jury may accept. They are not automatic findings of guilt. The prosecution still must prove every element of the crime beyond a reasonable doubt.
Legal Defenses under ARS 13-1807
Arizona law recognizes several valid defenses to bad check charges. These are called affirmative defenses, which means you must prove them by a “preponderance of the evidence.” This is a lower burden of proof than “beyond a reasonable doubt.” Proof by a preponderance of the evidence requires that you prove your defense is more likely true than not true.
If you successfully prove one of these defenses, the jury must find you not guilty of issuing a bad check. Here are the affirmative defenses recognized under the Arizona bad check statute:
The Recipient Knew About Insufficient Funds
You have a valid defense if you can prove that before you wrote the check, the person you gave it to either knew, had been expressly notified, or had reason to believe that you didn’t have enough money in your account to cover it.
This defense recognizes that if someone accepts your check knowing it might not clear, they are taking on that risk voluntarily. They cannot later claim they were defrauded when they knew about the problem from the start.
The Check Was Postdated
Another valid defense applies when you wrote a future date on your check (postdating), and you had sufficient funds in your account on that future date.
For example, imagine you write a check on October 1st but date it October 15th, and you tell the recipient not to cash it until October 15th. If you have enough money in your account on October 15th to cover the check, but the recipient cashes it early on October 5th when you do not have enough funds, you have a valid defense.
This defense protects you when you make a good-faith arrangement to pay on a specific future date and follow through by having the money available on that date. The key is that sufficient funds were on deposit with the bank on the later date you wrote on the check.
Unauthorized Bank Adjustment
The third affirmative defense applies when your check bounced because the bank made an adjustment to your account without providing proper notice to you.
Banks sometimes make various adjustments to customer accounts, including deducting fees, correcting errors, or making other changes. If such an adjustment caused your account to have insufficient funds, and the bank didn’t give you proper notice of the adjustment, you have a valid defense.
This defense recognizes that you shouldn’t be held criminally responsible when a bank’s actions cause your check to bounce without your knowledge. You had reasonable grounds to believe you had enough money because you didn’t know about the bank’s adjustments.
Arizona Statute of Limitations for Writing a Bad Check
The statute of limitations is the deadline for prosecutors to file criminal charges after an alleged offense. In cases involving bad checks, the applicable time limit depends on how the offense is classified. If the case is treated as a misdemeanor, prosecutors must file charges within one year from the date the check was issued. If the case is treated as a felony, the law allows a longer period, giving prosecutors up to seven years from the date of issuance to bring charges.
Sentencing under the Arizona Bad Check Statute
The penalties for issuing a bad check in Arizona are substantial and can have long‑lasting consequences, with sentences varying significantly based on your prior criminal history and the circumstances surrounding the crime. Understanding these potential consequences is essential to making informed decisions about your defense strategy.
Crime Classification
- Class 1 misdemeanor: Issuing a bad check in an amount less than $5,000.
- Class 6 felony: Issuing a bad check in an amount of $5,000 or more and failing to repay the full balance, including any applicable interest and fees, within sixty days after receiving notice.
Penalties for Issuing a Bad Check
The following table provides a comprehensive overview of the potential sentences for each issuing a bad check offense:
| Offense | Charge | Jail/Prison | Probation (max) |
|---|---|---|---|
| Bad check: less than $5,000 | Class 1 misdemeanor | Jail: up to 6 months | 3 years |
| Bad check: $5,000+ | Class 5 felony | Prison: 0.33 – 2 years | 3 years |
Frequently Asked Questions (FAQs)
Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.
Key Takeaways:
- Definition: Issuing a bad check under Arizona law means making, drawing, or delivering a check when you know, at the time of issuance, that your account does not have enough funds or credit to cover it, including any other outstanding checks. The offense is based on your knowledge of insufficient funds at the time the check is issued, not simply on the fact that the check later bounces.
- Presumption of Knowledge: Under Arizona law, a jury may infer that you knew your account lacked funds if (1) you wrote a check on a non‑existent account, (2) you wrote a check on a closed account, or (3) you failed to repay a dishonored check within twelve days after receiving proper notice. These are permissible inferences, not automatic findings of guilt; the State must still prove every element of the offense beyond a reasonable doubt.
- Sentencing:
- Bad check under $5,000: Classified as a Class 1 misdemeanor with a potential jail sentence up to 6 months and/or up to 3 years of probation.
- Bad check of $5,000 or more: Classified as a Class 6 felony with a potential prison sentence ranging from 4 months to 2 years and/or up to 3 years of probation.
- Statute of limitations: The statute of limitations for issuing a bad check is 1 year for misdemeanor offenses and 7 years for felony offenses.
Next Steps:
Issuing a bad check in Arizona is a serious criminal allegation with consequences that can affect the rest of your life. Outcomes depend on many factors. Lawyer Listed meets you where you are and helps you understand the law and your rights.
If you’re facing charges for issuing a bad check, engaging a skilled white collar crimes attorney is important to protect your rights and manage the process. Don’t try navigating the legal system alone; match with your ideal lawyer at LawyerListed.com and get an experienced criminal defense attorney on your side right away.