Fraud by check in Colorado

What the charge means

A person commits fraud by check by, with intent to defraud, issuing a check knowing at the time that there are insufficient funds to cover it. Insufficient funds means there is no account at all, or the account holds less than the amount of the check plus other checks still outstanding.

Knowledge is the heart of this charge. A bounced check by itself is not a crime. A math error, a deposit that posted late, or an unexpected automatic withdrawal is not fraud. The law does give prosecutors some help, such as a presumption of knowledge when the check was written on an account that did not exist. Common scenarios include:

• Checks written on a closed or overdrawn account
• Business cash flow problems where checks went out before deposits landed
• Post dated checks and disputed payment arrangements
• A series of checks written over a short stretch of weeks

Classification and sentencing

The charge is graded by the amount of the check, and checks written within a sixty day period can be added together:

• Under $300: petty offense
• $300 to under $1,000: class 2 misdemeanor
• $1,000 to under $2,000: class 1 misdemeanor
• $2,000 to under $5,000: class 6 felony
• $5,000 to under $20,000: class 5 felony
• $20,000 to under $100,000: class 4 felony
• $100,000 to under $1,000,000: class 3 felony
• $1,000,000 or more: class 2 felony

A check written on an account that never existed, or that had been closed for at least thirty days before the check was written, is a class 6 felony no matter the amount.

If the court imposes jail or prison, the current ranges are: up to 10 days for a petty offense, up to 120 days for a class 2 misdemeanor, up to 364 days for a class 1 misdemeanor, 1 year to 18 months for a class 6 felony, 1 to 3 years for a class 5 felony, 2 to 6 years for a class 4 felony, 4 to 12 years for a class 3 felony, and 8 to 24 years for a class 2 felony, with mandatory parole after felony prison terms. Those ranges describe only what happens if the court orders incarceration. Probation, fines, and restitution are often the outcome instead, and no jail is mandatory for this charge.

What else it touches

Fraud by check is a crime of dishonesty, so even a misdemeanor conviction shows up poorly on employment and housing background checks. A felony level conviction bars firearm possession under Colorado and federal law, and fraud offenses can carry immigration consequences for noncitizens. Restitution to the check's recipient is a standard part of these cases, and paying the check after the fact does not erase the charge, though it often shapes how the case resolves. Sealing may be possible after a waiting period once the sentence is complete, depending on the case.

We defend fraud by check charges across Colorado, and a consultation is the place to get answers about your specific situation.