PL 190.05 · Article 190
Issuing a Bad Check
This offense covers two alternatives: issuing a check as its drawer or the drawer's representative, or passing a check drawn by someone else. Each requires knowledge of insufficient funds, an intent or belief at that time that payment will be refused, and actual refusal upon presentation; a returned check alone does not establish every requirement.
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Text us immediately · (845) 290-2492Definition under New York law
PL 190.05 · Original statutory wording; excerpts must be read together with the full section.
§ 190.05 Issuing a bad check. A person is guilty of issuing a bad check when: 1. (a) As a drawer or representative drawer, he utters a check knowing that he or his principal, as the case may be, does not then have sufficient funds with the drawee to cover it, and (b) he intends or believes at the time of utterance that payment will be refused by the drawee upon presentation, and (c) payment is refused by the drawee upon presentation; or 2. (a) He passes a check knowing that the drawer thereof does not then have sufficient funds with the drawee to cover it, and (b) he intends or believes at the time the check is passed that payment will be refused by the drawee upon presentation, and (c) payment is refused by the drawee upon presentation. Issuing a bad check is a class B misdemeanor.Read the full section at the New York State SenateIn everyday language
This offense covers two alternatives: issuing a check as its drawer or the drawer's representative, or passing a check drawn by someone else. Each requires knowledge of insufficient funds, an intent or belief at that time that payment will be refused, and actual refusal upon presentation; a returned check alone does not establish every requirement.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The prosecutor must prove every requirement of an applicable alternative beyond a reasonable doubt. The two alternatives are not cumulative.
- Alternative 1: The person accused, acting as drawer or representative drawer, put a check into circulation knowing that the person accused or the represented principal then lacked sufficient funds with the drawee to cover it.
- Alternative 2: The person accused passed a check knowing that its drawer then lacked sufficient funds with the drawee to cover it.
- Under either alternative, the person accused intended or believed at the time of issuing or passing the check that the drawee would refuse payment upon presentation, and the drawee actually refused payment upon presentation.
Defenses that commonly apply
- What do account records and communications show about whether the person accused knew funds were insufficient when the check was issued or passed?
- What evidence shows whether the person accused intended or believed at that time that payment would be refused?
- Was the check actually presented to the drawee, and did the drawee refuse payment?
Penalties and collateral consequences
A Class B Misdemeanor carries a maximum sentence of up to 3 months and a fine of up to $500 or up to twice the gain.
Common questions about your defense
Can a bad-check charge be challenged if the person accused believed the check would be paid?
Both statutory alternatives require an intent or belief, at the time the check is issued or passed, that payment will be refused. Evidence of a genuine belief that payment would be made could challenge that requirement, while account information may also bear on knowledge of insufficient funds. The prosecutor must prove all requirements beyond a reasonable doubt, and actual refusal of payment alone does not establish the required mental state.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
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