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Unlawful Issuance of Bad Checks

In Washington State, the crime of Unlawful Issuance of Bad Checks is divided up into two levels of seriousness; it can be a Class C Felony or a gross misdemeanor, depending on the amount of the bad check. Anything over $750 is punishable as a felony, while $750 and under is punishable as a gross misdemeanor. Conviction of either charge carries with it mandatory full restitution.
Washington law allows for the value of numerous bad checks to be aggregated if there is a “common scheme or plan,” so 16 checks in a short period of time for $50 apiece could be treated as the felony charge.
Under RCW 9A.56.060, there are two ways to commit this crime. Statutorily:
  • 1) Any person who shall with intent to defraud, make, or draw, or utter, or deliver to another person any check, or draft, on a bank or other depository for the payment of money, knowing at the time of such drawing, or delivery, that he or she has not sufficient funds in, or credit with the bank or other depository, to meet the check or draft, in full upon its presentation, is guilty of unlawful issuance of bank check. The word "credit" as used herein shall be construed to mean an arrangement or understanding with the bank or other depository for the payment of such check or draft, and the uttering or delivery of such a check or draft to another person without such fund or credit to meet the same shall be prima facie evidence of an intent to defraud.
  • OR
  • 2) Any person who shall with intent to defraud, make, or draw, or utter, or deliver to another person any check, or draft on a bank or other depository for the payment of money and who issues a stop-payment order directing the bank or depository on which the check is drawn not to honor the check, and who fails to make payment of money in the amount of the check or draft or otherwise arrange a settlement agreed upon by the holder of the check within twenty days of issuing the check or draft is guilty of unlawful issuance of a bank check
If you, or someone you care about, has been charged (or may be) with Unlawful Issuance of Bad Checks in King County, Skagit County, Snohomish County, or Whatcom County, call Ashbach Law Offices, LLC today at (360) 659-4950 for a free, no-pressure case evaluation.
With a reputation in the legal community as aggressive, effective and successful criminal defense attorneys, we are here to help you through your difficult times.
Ashbach Law Offices, LLC represents clients charged with criminal offenses in Northwest Washington Courts, including King County, Skagit County, Snohomish County and Whatcom County, as well as other counties on a case-by-case basis. These counties include courts in and for the following cities: Anacortes, Arlington, Auburn, Bellevue, Blaine, Bothell, Burlington, Edmonds, Everett, Issaquah, Kirkland, Lake Stevens, Lynden, Lynnwood, Marysville, Mill Creek, Mukilteo, Monroe, Mountlake Terrace, Monroe, Redmond, Sea-Tac, Seattle, Sedro Woolley, Shoreline, Snohomish, and Tukwila, Washington.
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