In Florida, writing a Worthless Check is either a first degree misdemeanor or a third degree felony.
Definition of a Worthless Check
Pursuant to Florida Statute 832.05, a person issues a worthless check when he or she:
- Writes and tenders a check or uses a debit card for the payment of money
- Knows sufficient funds are not available
- Unless the person who is issued the check knows or should know sufficient funds are not available.
Penalties for Writing a Worthless Check
The crime is a first degree misdemeanor when the amount of the check is less than $150. First degree misdemeanors are punishable by any combination of the following:
- 1 year in jail
- 1 year of probation
This crime is a third degree felony when the amount of the check $150 or more. Third degree felonies are punishable by any combination of the following:
- 5 years in prison
- 5 years of probation
- $5,000 fine
Defenses to Writing a Worthless Check
The person was unaware that sufficient funds were unavailable.
The person to whom the check was written knew or should have known that sufficient funds were unavailable.
If you have been charged with uttering a Forged Instrument in Delray Beach County, Broward County, or Martin County, contact a
Delray Beach criminal defense attorney from Bottari & Doyle at (561)-588-2781 for a free consultation.