Facing Arizona issuing bad check charges can be overwhelming. The legal system is complex and can be intimidating. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of Arizona bad check laws. It explains key terms and the sentencing guidelines for issuing bad checks. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense lawyer. If you are charged with issuing a bad check, consult with a qualified Arizona bad check attorney as soon as possible.
What Constitutes a Bad Check in Arizona?
Arizona’s bad check law, specifically ARS 13 1807, defines issuing a bad check as writing or passing a check knowing that there is a lack of sufficient funds to cover it. This means you don’t have enough money in your account to cover the check’s amount.
This is a serious offense under Arizona bad check law. The Arizona bad check statute makes it clear that intent to defraud is a key element of the crime.
Penalties for Issuing a Bad Check in Arizona:
The punishment for issuing a bad check in Arizona varies based on the check amount. The Arizona bad check statute outlines the following penalties:
Misdemeanor Charges: Issuing a bad check for less than $5,000 is a Class 1 misdemeanor. This can result in:
- Probation with zero jail time
- Up to six months in jail
- A fine up to $2500, plus additional surcharges
Felony Charges: If the bad check is for $5,000 or more, and you fail to pay the full amount (including interest and fees) within 60 days of notification, you could face a Class 6 felony charge. The penalties for a felony conviction are considerably more severe. The Arizona statute of limitations for writing a bad check begins upon the date of the offense, not the date of discovery.
Felony Sentencing Table:
| Prior Felony Convictions | Prison Sentence Range (Years) |
|---|---|
| None | 4 months - 2 years |
| One | 9 months - 2.75 years |
| Two or More | 2.25 years - 5.75 years |
It’s important to understand that these are just possible ranges; the actual sentence depends on several factors, including your criminal history, the judge’s discretion, and the specific circumstances of the case.
Frequently Asked Questions:
Key Takeaways:
- Definition and Scope: Issuing a bad check in Arizona occurs when someone knowingly writes or passes a check without sufficient funds to cover it. The law considers intent to defraud a key element of the crime.
- Elements of the Crime: A check is deemed “bad” if there are insufficient funds in the account at the time of issuance, including other outstanding transactions. If the check amount is $5,000 or more and remains unpaid for 60 days, the severity of the charge increases.
Sentencing:
Class 1 Misdemeanor: Applies to checks under $5,000. Penalties range from probation to six months in jail, with fines up to $2,500 plus surcharges.
Class 6 Felony: Applies to checks of $5,000 or more if unpaid within 60 days. Sentences vary based on prior convictions, ranging from four months to over five years in prison.
Statute of Limitations: The prosecution must file charges within a specific timeframe:
Misdemeanor: One year from the date of the offense.
Felony: Seven years from the offense date, regardless of when the check was discovered as fraudulent.
Next Steps:
The Arizona bad check statute is a serious law with serious consequences. The charges and the resulting sentence depend on many factors. You need to understand the law and your rights to effectively get through this difficult situation.
If you’re facing bad check charges under ARS 13 1807, engaging a skilled bad check lawyer Phoenix is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; get an experienced criminal defense lawyer on your side right away.