Check Fraud | Penal Code § 476

Description

Check Fraud charges may be filed against any person who attempts to makes, passes, utters or publishes, with intent to defraud any other person, any fictitious or altered bill, note or check, or other instrument in writing for the payment of money or property. Violators may be guilty of Forgery.

What does the prosecutor have to prove?
Felony: 1. Defendant made, passed, uttered, or published a fictitious or altered bill, note, or check purporting to be the bill, note, or check, or other instrument in writing for payment of money or property of a real or fictitious financial institution as defined in Penal Code Section 186.9. or
1. Defendant attempted to pass, utter, or publish a fictitious or altered bill, note, or check purporting to be the bill, note, or check, or other instrument in writing for payment of money or property of a real or fictitious financial institution as defined in Penal Code Section 186.9. or
1. Defendant had in his or her possession a fictitious or altered bill, note, or check purporting to be the bill, note, or check, or other instrument in writing for payment of money or property of a real or fictitious financial institution as defined in Penal Code Section 186.9.
2. Defendant did so with the specific intent to defraud.
3. The value of the forgery is more than nine hundred fifty dollars ($950.00).
Misdemeanor: Same except 3. The value of the forgery is less than nine hundred fifty dollars ($950).

Punishment
Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No