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Check Fraud Defense Lawyers in Las Vegas, NV
Being accused of check fraud in Nevada is a serious matter that can carry harsh criminal penalties and long-term consequences. What may seem like a simple financial misunderstanding or mistake can quickly escalate into felony charges, financial restitution demands, and even prison time. If you’re under investigation or have been charged, it’s crucial to work with an experienced Las Vegas check fraud defense lawyer who can protect your rights and guide you through the legal process.
At Spartacus Law Firm, we defend individuals throughout Las Vegas facing complex white-collar criminal charges, including check fraud, forgery, and identity theft. We understand the stress and uncertainty these allegations bring and are committed to delivering aggressive, results-driven legal representation.
What Is Check Fraud in Nevada?
Check fraud involves using checks to obtain money or property through deception, forgery, or false information. In Nevada, check fraud is prosecuted under NRS 205.130, which covers the act of writing, passing, or attempting to pass a check while knowing there are insufficient funds or the account is closed.
Common examples of check fraud include:
- Writing a check from a closed account
- Forging someone else’s signature on a check
- Altering the amount or payee listed on a check
- Creating or using counterfeit checks
- Depositing fraudulent checks via mobile or ATM deposit
- “Kiting” checks between accounts to artificially inflate balances
If a prosecutor can prove intent to defraud, even a single bounced check could lead to criminal charges. Whether you’re being investigated or have already been arrested, our legal team will review your case and begin crafting a strong defense strategy.
Nevada Laws Governing Check Fraud
Under Nevada law, the severity of check fraud charges largely depends on the value of the check or checks involved and the defendant’s criminal history. Prosecutors can bring misdemeanor or felony charges depending on the facts of the case.
Misdemeanor Check Fraud
If the value of the check is less than $1,200 and the defendant has no prior convictions for similar offenses, the charge is generally filed as a misdemeanor. Penalties may include:
- Up to 6 months in jail
- A fine of up to $1,000
- Required restitution to the victim
- Court-mandated community service
Felony Check Fraud
If the check is for $1,200 or more, or the defendant has prior convictions, the crime is typically charged as a Category D felony. Penalties may include:
- 1 to 4 years in Nevada State Prison
- A fine of up to $5,000
- Restitution to the victim
- Possible probation under strict terms
Prosecutors may also charge check fraud as part of a broader case involving theft, fraud, or identity-related crimes.
When Check Fraud Becomes a Federal Offense
While many check fraud cases are handled at the state level, some incidents may fall under federal jurisdiction, especially when:
- The check involves a federally insured bank
- The fraud crosses state lines
- The check was used as part of a mail fraud or wire fraud scheme
Federal check fraud charges are often more complex and carry stiffer penalties, including longer prison terms, larger fines, and federal restitution obligations. Spartacus Law Firm is experienced in defending clients facing both state and federal financial crime allegations.
Related Criminal Charges in Check Fraud Cases
In many instances, check fraud charges are filed alongside other white-collar crimes, such as:
- Forgery (NRS 205.090)
- Identity Theft (NRS 205.463)
- Theft (NRS 205.0832)
- Bank Fraud
- Money Laundering
- Possession of Forged Instruments
Each of these offenses carries serious consequences, and when combined, they can significantly increase your exposure to jail time and financial liability. Our team can evaluate each element of the prosecution’s case to identify opportunities for defense and case reduction.
Common Defenses to Check Fraud Charges
Check fraud cases often depend heavily on the prosecution proving that the defendant had the intent to defraud. At Spartacus Law Firm, we examine every piece of evidence and construct a legal defense tailored to your specific situation. Some of the most common defenses include:
1. Lack of Intent to Defraud
Intent is a required element of any check fraud charge. If the check bounced due to a clerical error, bank hold, or honest mistake, it does not constitute a criminal act.
2. Mistaken Identity
In cases involving forged or counterfeit checks, you may have been falsely accused or confused with the actual perpetrator. Surveillance footage, eyewitness accounts, or handwriting analysis may support your innocence.
3. Consent from Account Holder
If you were given authorization to write or sign a check, that may serve as a defense to claims of fraud. We can provide evidence of permission through texts, emails, or witness statements.
4. Insufficient Evidence
If the prosecution’s case is based on assumptions, incomplete documentation, or hearsay, we can file motions to suppress evidence and challenge the case’s foundation.
5. Bank or Processing Error
Sometimes, errors in bank processing or technological malfunctions can cause checks to bounce or appear altered. These types of issues can be explored to show that no fraud was committed.
We use these and other defense strategies to negotiate reduced charges, pursue dismissal, or prepare for trial when necessary.
What to Do If You’re Accused of Check Fraud
If you suspect you’re being investigated for check fraud or have already been contacted by law enforcement or a bank investigator:
- Do not speak to investigators without a lawyer present
- Avoid trying to “fix” the situation by contacting the alleged victim
- Gather documentation such as emails, account statements, and check images
- Contact a Las Vegas check fraud defense lawyer immediately
The earlier we can get involved, the more options we’ll have to influence the outcome of your case.
Why Choose Spartacus Law Firm?
When your reputation, freedom, and future are at risk, experience matters. At Spartacus Law Firm, we offer:
- Comprehensive knowledge of Nevada financial crime laws
- Proven experience handling complex check fraud and forgery cases
- Aggressive negotiations to reduce or dismiss charges
- Personalized defense strategies that focus on protecting your goals
- Clear communication to guide you through every step of your case
Whether you’re facing a misdemeanor charge or a serious felony, our goal is to achieve the best possible result and shield you from lasting consequences.
Frequently Asked Questions
Is check fraud a felony in Nevada?
Yes, check fraud is charged as a felony if the value exceeds $1,200 or if the defendant has prior offenses. A felony conviction can result in prison time and significant fines.
Can I go to jail for writing a bad check?
Yes. Writing a check with insufficient funds can lead to misdemeanor or felony charges if the prosecution can prove that you intended to defraud the recipient.
Will I have to repay the money?
Yes. Most check fraud convictions require restitution, which means paying back the full value of the check to the alleged victim as part of sentencing.
Can check fraud charges be dropped?
Yes, charges may be reduced or dropped if your attorney can demonstrate lack of intent, mistaken identity, or other legal defenses. In some cases, prosecutors may agree to dismiss charges in exchange for restitution and completion of financial education programs.
What if the check was postdated?
Postdating a check does not always protect against fraud charges. However, if the recipient knew the check would not clear immediately and deposited it anyway, that fact may support a defense.
Contact a Las Vegas Check Fraud Defense Lawyer Today
If you’re facing check fraud charges in Las Vegas, do not wait to seek legal help. The penalties are severe, but with the right defense, you can avoid a criminal conviction, minimize fines, and protect your record. Spartacus Law Firm is here to fight for your rights and your future.
Call us today at (702) 660-1234 to schedule a confidential consultation with a top-rated Las Vegas check fraud defense lawyer. Let us begin building your defense now.