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Fraudulent Check Charge

Fraudulent Check Charge

The Lovely Law Firm can help you if you have been charged with a fraudulent check charge in Myrtle Beach or any part of Horry county. You need a Myrtle Beach criminal defense lawyer to handle your property crimes case and assert your rights and defenses.

Elements of a Fraudulent Check Charge in Myrtle Beach

There are 4 elements that the Horry County Solicitor’s Office must prove beyond a reasonable doubt in order to convict on a fraudulent check. S.C. Code Ann. §34-11-60 governs fraudulent checks in South Carolina.

  1. That the accused did make, draw, utter, issue, or deliver a check, draft, or order.
  2. That the check was drawn or delivered with the intent to defraud.
  3. That the accused did receive for the check either (a) money, (b) goods, (c) services, (d) credit, (e) anything of value, or (f) the check was used to pay rent or make a payment on a lease agreement. Goods are the wares of a merchant and any other kind or property. Credit will sustain a charge under this law if the credit is obtained through securing further advances of money, goods, or services by payment by check, draft or order, of a existing account, in whole or in part. Effective June 11, 1999, credit as defined in Section 34-11-60(d) applies to a check given in full or partial payment of any preexisting debt.
  4. That the check, draft, or order was not paid by the drawee (bank) for any one of the following reasons:
  • at the time the check was written, the person who wrote it:
    • did not have an account in the bank named on the check, or
    • did not have sufficient funds deposited in the bank named on the check to pay it, or
    • put an incorrect or insufficient signature on the check.

Penalty for Fraudulent Checks in South Carolina

Fraudulent check charges carry jail time for the accused. If you have been charged with this crime you need to speak with Myrtle Beach criminal defense lawyer to discuss your case. Justin M. Lovely and Amy S. Lawrence defend people charged with these cases. Often times these cases may be a simple misunderstanding that the criminal defense lawyers can successfully defend on the clients behalf.

Fraudulent checks are punished depending on the amount of the check as follows:

Magistrates have authority to try cases involving fraudulent checks where the amount involved is $1,000 or less. (§34-11-90). In addition, a magistrate shall have the power to sentence any person to consecutive terms of imprisonment totaling more than 90 days

Convictions for writing bad checks of $1,000 or less are punishable as follows:

  • For a first conviction, if the amount of the instrument is five hundred dollars or less, by a fine of not less than fifty dollars nor more than two hundred dollars or by imprisonment for not more than thirty days;
    for a first conviction, if the amount of the instrument is more than five hundred dollars but not greater than one thousand dollars, by a fine of not less than three hundred nor more than five hundred dollars or by imprisonment for not more than thirty days, or both;
  • for a second or subsequent conviction, if the amount of the instrument is five hundred dollars or less, by a fine of two hundred dollars or by imprisonment for not more than thirty days;
  • for a second or subsequent conviction, if the amount of the instrument is more than five hundred dollars but not greater than one thousand dollars, by a fine of not more than five hundred dollars or by imprisonment for not more than thirty days, or both.

Convictions in the court of general sessions or any other court having concurrent jurisdiction are punishable as follows: for a first conviction by a fine of not less than $300 nor more than $1000 or by imprisonment for not more than 2 years, or both; and for a second or subsequent conviction by a fine of not less $500 nor more than $2000 and imprisonment for not less than 30 days nor more than 10 years.

CONTACT THE LOVELY LAW FIRM TO DEFEND YOUR FRAUDULENT CHECK CHARGE. 843-839-4111