In terms of theft and larceny crimes committed in New York, Issuing a Bad Check (New York Penal Law 190.05), is likely one of the least serious fraud crimes handled by New York criminal lawyers. While it may only be a “B” misdemeanor punishable by up to 90 days jail, should you be convicted of this crime, say “good bye” to your professional licenses and promotions and be prepared to place your immigration status in serious jeopardy. Make no mistake. You will need the experience of a New York criminal defense attorney.
In simple terms, you are guilty of NY PL 190.05 for Issuing a Bad Check if you deliver a check to another knowing that you or the person for whom you are uttering or passing the check does not have sufficient funds to cover it. Additionally, you must intend or believe that when the receiver of the check attempts to deposit the check, payment will be refused and it is in fact refused.
Making matters more difficult for you and your criminal lawyer when facing the charge of Issuing a Bad Check, the law provides for many damaging presumptions found under New York Penal Law 190.10. Specifically, if the drawer has insufficient funds in his or her bank account to cover that check, the law permits a judge to issue a ruling that allows a jury (or him or herself if there is a bench trial), to infer that the drawer knew the account lacked the funds. Additionally, although fairly obvious, another presumption that you intentionally issued a bad check is permissible if you actually issue a check from an account that did not exist.
Despite the law apparently being stacked against a person arrested or accused of Issuing a Bad Check in New York City or the outside counties, there are practical and statutory defenses. Whether any of these will work for you is something that you and your counsel should discuss and potentially implement as soon possible.
To educate yourself on theft and larceny offenses in New York, review the NewYorkCriminalLawyerBlog.Com. Additionally, the NewYorkTheftandLarcenyLawyersBlog.Com is available for your review. Each of these resources, maintained by the criminal lawyers and former Manhattan prosecutors at Crotty Saland PC, contains criminal statutes and legal decisions involving these and related offenses. Further information is available at CrottySaland.Com.
Contact the New York Criminal Lawyers & Bad Check Attorneys Online or at 212.312.7129 Now.