Bad Checks in Virginia
Bad checks are a bad thing. Not just for those who receive them, but if a person has written a bad check with knowledge, it is no longer a civil matter for which the person can be sued, but it is a criminal offense. Actually, it can be up to three (3, that's right 3) different charges. Wait, what?!!! Yep.
First, the writer of a bad check is charged with larceny under Virginia Code 18.2-181. To be clear, larceny is theft and can be either a misdemeanor or a felony. If the check issued was over $200, it is a felony (which carries prison time). Charge 2 - Fraud by Check. Charge 3 - Uttering. Uttering means that the person offered the check.
For a conviction on bad check charges in Virginia, the Commonwealth must prove beyond a reasonable doubt these three elements:
1. The defendant knew at the time he or she wrote the check that there were not sufficient funds in the bank to cover it.
2. The defendant acted with the intent to defraud, which may be proven by circumstantial evidence.
3. The check was in payment for goods or services. (Checks that are written to pay a personal debt, for example, do not apply.)
