Understanding Jail Time for Fraudulent Checks in Arizona
Yes—writing a fraudulent check in Arizona can lead to jail or even prison time, depending on the amount of the check, your criminal history, and whether the act was intentional. Fraudulent check charges fall under Arizona’s criminal fraud statutes, and prosecutors take these cases seriously.
At Rideout Law Group, we represent clients facing check fraud, forgery, and white-collar crime charges across Scottsdale, Phoenix, and Lake Havasu City. If you’re under investigation or already charged, it’s critical to understand what you’re facing—and to act quickly.
What Is Considered a Fraudulent Check in Arizona?
Arizona law defines a fraudulent or bad check as one that is:
- Written on a closed or nonexistent bank account
- Written with insufficient funds, and the writer knew the check would bounce
- Altered to show a different name, amount, or payee than intended
- Signed using a forged or fake signature
These acts fall under ARS §13-1807 (issuing a bad check) and ARS §13-2002 (forgery), both of which carry criminal penalties.
Misdemeanor vs. Felony Charges
The severity of the charge depends largely on the value of the check and your criminal history:
- Under $500: Often charged as a Class 1 misdemeanor, which may result in up to 6 months in jail, probation, fines, and restitution.
- Over $1,000: Can be charged as a Class 6 felony or higher, carrying up to 2 years in prison for first-time offenders.
- Multiple bad checks or evidence of intent to defraud may elevate the charge to felony forgery—a Class 4 felony punishable by up to 3.75 years in prison.
Even if you didn’t mean to commit fraud, prosecutors may still pursue charges if they believe you acted recklessly or failed to make the check good.
What Happens If You’re Arrested for Check Fraud?
If you’re arrested or receive a court summons for check fraud, you should:
- Avoid making any statements to police or bank investigators
- Contact a criminal defense attorney immediately
- Gather bank records, emails, or proof of repayment efforts
Arizona courts often offer pre-trial diversion programs for first-time offenders, especially if restitution is made promptly. But this is never guaranteed—especially in felony-level cases.
Defenses to Fraudulent Check Charges
At Rideout Law Group, our attorneys build strong defenses based on facts and intent. Possible defenses include:
- Lack of intent to defraud
- Bank error or miscommunication
- Post-dated check misunderstood by recipient
- You were not the person who wrote or signed the check
Every case is unique, and we fight to get charges reduced—or dismissed—based on your individual circumstances.
Can a Fraudulent Check Conviction Be Expunged in Arizona?
Arizona now allows certain convictions to be set aside or expunged under ARS §13-911. If you’ve completed your sentence and paid restitution, you may be eligible to clear your record.
Don’t Risk Jail Over a Fraudulent Check Allegation
A bounced check doesn’t always mean criminal charges—but when it does, your future is on the line. At Rideout Law Group, we defend clients in Scottsdale, Lake Havasu, and throughout Maricopa and Mohave counties.
📍 11111 N Scottsdale Rd, Suite 225, Scottsdale, AZ 85254
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