Writing a bad check in Georgia can be a criminal offense, and depending on the amount, it could be charged as a felony. Many people don’t realize how serious these charges can be until they’re already facing them.
What Is Deposit Account Fraud in Georgia?
In Georgia, writing a bad check is not just a civil matter. It is a criminal offense known as Deposit Account Fraud, and it is governed by O.C.G.A. § 16-9-20.
Under this law, you can be charged if you:
- Write a check knowing your account does not have enough funds
- Write a check on a closed account
- Stop payment on a check with the intent to defraud
The key word is intent. Georgia prosecutors typically need to show that you knew the check would not clear and that you meant to deceive someone. An honest mistake is not the same as fraud, though you may still need to prove it.
What Counts as “Notice”?
Georgia law gives merchants and individuals a way to create legal notice of a bad check. If you receive a written demand for payment and do not pay within 10 days, the law may presume you had fraudulent intent. This is important to know because the clock can start ticking before you even realize charges are possible.
Misdemeanor vs. Felony: Where Is the Line?
This is the question most people want answered, and the threshold matters a lot.
Misdemeanor Bad Check Charges
A bad check charge in Georgia is typically a misdemeanor when the check amount is under $1,500. A misdemeanor conviction can still carry:
- Up to 12 months in jail
- Fines
- A criminal record that shows up on background checks
Felony Bad Check Charges
When the check amount is $1,500 or more, the charge can be elevated to a felony. A felony conviction is a much more serious matter and could result in:
- 1 to 5 years in prison
- Larger fines
- Long-term damage to employment, housing, and professional licenses
Multiple Checks Can Add Up
Here is something many people overlook: prosecutors can sometimes combine multiple bad checks written to the same person or business within a certain time period to meet the felony threshold. This means even a series of smaller checks could potentially be grouped together and charged as a felony.
Real Consequences You May Not Expect
Even a misdemeanor fraud charge can follow you for years. Here is what that can look like in real life:
Employment: Many employers run background checks. A fraud conviction, even a minor one, can raise red flags and cost you job opportunities.
Professional Licenses: If you work in healthcare, finance, real estate, or any licensed profession in Georgia, a fraud conviction could put your license at risk.
Banking Access: Some banks close accounts or deny services to people with fraud convictions on their record.
Immigration Consequences: For non-citizens, a fraud-related conviction may have serious immigration consequences, including potential deportation [VERIFY]. If you are not a U.S. citizen, this is one of the first things you should discuss with a criminal defense attorney.
How Philip Kim Law Can Help
If you are facing bad check charges in Atlanta or anywhere in the surrounding area, the decisions you make right now matter. This is not the time to wait and hope the situation resolves itself.
Philip Kim has years of experience defending clients against fraud charges, including deposit account fraud. The firm serves clients throughout Atlanta and the greater metro area, and the team speaks English, Spanish, and Russian, so there is no barrier to getting the help you need.
Whether your charge is a misdemeanor or a potential felony, there may be options available, including negotiating a civil resolution before charges escalate, challenging the element of intent, or working toward a reduction in charges. Every case is different, and outcomes depend on the specific facts, but having an experienced criminal defense attorney in your corner from the beginning gives you the strongest possible position.
Philip Kim Law, P.C., offers a free consultation so you can understand exactly where your case stands. Call (678) 203-8558 or reach out online to get started.
Frequently Asked Questions About Georgia Fraud Charges
How much does a bad check have to be to be a felony in Georgia? In Georgia, a bad check of $1,500 or more is generally what separates a misdemeanor from a felony charge under Georgia’s Deposit Account Fraud statute. Below that amount, the charge is typically a misdemeanor.
What happens if you write a bad check in Georgia? You could face criminal charges under O.C.G.A. § 16-9-20. Depending on the amount, penalties may include fines, jail time, and a permanent criminal record. You may also be given a short window to repay the amount before charges are formally filed.
Can I go to jail for writing a bad check in Georgia? Yes, it is possible. A misdemeanor conviction could result in up to 12 months in jail, and a felony conviction could mean 1 to 5 years in prison. Actual outcomes vary based on the facts of each case, your prior record, and how the case is handled.
Do I need a lawyer for bad check charges in Atlanta? You do not have to hire a lawyer, but it is strongly advisable. An attorney may be able to challenge the intent element of the charge, negotiate with prosecutors, or help resolve the matter before it goes further. The earlier you get legal help, the more options you are likely to have.
