Larceny by Check
Writing bad checks can constitute a larceny, and is a crime in Massachusetts if the following conditions are present.
- A person wrote, delivered, cashed, or passed a check drawn from a bank;
- The person received some merchandise, services, or money as a result of use of that check;
- The person knew there were insufficient funds in the account the check was drawn from;
- And it was the intent of the person to defraud the receiver of the check.
A person has only 2 days from the time they are notified that the bank refused payment on the check to make good on the amount promised. After those two days passes it is assumed that the person intended to defraud the receiver of the check.
If the person did not receive any services, merchandise, or money as a result of the check they can still be charged, and found guilty of, Attempted Larceny by Check.
If the value of the received services or merchandise is less than $250, the offense is a misdemeanor, with a maximum punishment of 1 year in jail and/or up to a $300 fine.
If the value of the received services or merchandise is more than $250, the offense is a felony, with a maximum punishment of up to 2 years in jail or 5 years in state prison. There could also be a fine up to $25,000 instead of, or even in addition to, any jail time.
Larceny by check is potentially a very serious offense and you should speak to an experienced attorney about your case immediately. All the attorneys at Equitas Law specialize in criminal defense and have won many cases involving larceny by check. Call us today at (617) 723-4163 to speak to one of our attorneys for a free case evaluation.