Indiana Law Blog
Writing or using fraudulent checks may seem minor, but in Indiana, check fraud is a criminal offense that can carry serious consequences. However, because it is often considered a non-violent financial crime, first-time offenders may be eligible for a diversion program. Here’s what you need to know about check fraud laws in Indiana and how to protect yourself if you are facing charges.
What is Check Fraud?
Check fraud occurs when someone intentionally writes, issues, or uses a check knowing that there are insufficient funds to cover it or with the intent to deceive. Common types of check fraud include:
- Bounced Checks (Check Deception) – Writing a check without sufficient funds in the account to cover it.
- Forgery – Altering the details of a check or signing someone else’s name without permission.
- Counterfeit Checks – Creating fake checks to withdraw money fraudulently, including using synthetic information.
- Check Kiting – Using multiple bank accounts to artificially inflate balances and withdraw non-existent funds. This is the most common criminal behavior in the movie “Catch Me If you Can.”
Penalties for Check Fraud in Indiana
The severity of check fraud charges depends on the amount involved:
- Less than $750 – Class A misdemeanor, punishable by up to 1 year in jail and fines up to $5,000.
- $750 to $50,000 – Level 6 felony, carrying 6 months to 2.5 years in prison and fines up to $10,000.
- More than $50,000 – Level 5 felony, punishable by 1 to 6 years in prison and up to $10,000 in fines.
Repeated offenses or check fraud involving elderly victims or businesses can lead to enhanced penalties.
Potential Defenses to Check Fraud Charges
If you’ve been accused of check fraud, you may have legal defenses, including:
- Lack of Intent – If you unknowingly wrote a check with insufficient funds, you may not be criminally liable.
- Bank Errors – Mistakes in bank processing could have led to unintentional check bouncing.
- Identity Theft – If someone else used your information to commit fraud, you may be a victim rather than a suspect.
- Restitution Agreements – In some cases, repaying the owed amount may help avoid criminal charges.
Diversion Programs for First-Time Offenders
Because check fraud is a financial crime without direct violence, first-time offenders may be eligible for a pre-trial diversion program. This may involve repaying the fraudulent amount, attending financial responsibility courses, and avoiding further legal trouble. Successful completion of the program can result in dismissal of charges.
What to Do If You Are Facing Check Fraud Charges
- Do Not Ignore the Charges – Failing to address them can lead to a warrant for your arrest.
- Gather Bank Records – Document any evidence that may support your case.
- Consult an Experienced Criminal Defense Attorney – An attorney can help you negotiate with the prosecution, explore diversion options, and build a strong defense.
Protect Your Future
If you’re facing check fraud charges in Indiana, legal representation is crucial. The attorneys at Harshman Ponist Smith & Rayl, LLC can assess your case and guide you through the legal process.
Call us today at 317-964-6000 for a consultation. Taking action now can help protect your rights and future.