In Oklahoma, as in most places, it has become a common practice for people to write checks form accounts that insufficient funds. The hope is that by the time the check clears the bank, the funds will be there to cover the check. And as common as it is for people to do this, it is still against Oklahoma law and can lead to criminal charges. We are going to go over a few things here that constitute Oklahoma check fraud.
Bogus checks or “hot checks” are checks written without funds to cover them. This is viewed as theft. The district attorney will look as this as getting products or services without having paid for them. It is considered fraud to do this as there is a victim, the person not being compensated for work, services, or products provided. Whether or not criminal charges are pressed can depend on the intent. If you intentionally write a check from a closed account, or an account without funds, that is criminal and is considered Oklahoma check fraud.
Fraud is defined as intentionally deceiving another person. So when you know that a check is not going to clear, that constitutes an act of intentional fraud. However, not all hot checks are fraudulent. Sometimes an individual writes a check unaware that an account may be overdrawn. Checks will then be returned for nonpayment. At this point it is on the account holder to stay on top of their account and provide funds as soon as possible.
The punishment for Oklahoma check fraud depends on the amount. A hot check under $500 is a misdemeanor offense and a fine up to $1,000. Bad checks between $500 and $1,000 are a felony and punishable by a $5,000 fine and up to a year in jail. Any bad check written over $1,000 can lead to up to 10 years in prison.
If you are part of an ongoing criminal case for Oklahoma check fraud, call the Wyatt Law Office at 405-234-5500 or send a message. We are experts at criminal defense in Oklahoma and can assist you with your case.