Writing a check with insufficient funds or on a closed account is a serious offense under Florida law. While many bad check cases are prosecuted as misdemeanors, certain circumstances—including the amount of the check—can elevate the charge to a felony.
It helps to be aware of the bad check felony threshold in Florida and how state law handles such offenses. If you’re facing allegations of check fraud or related offenses, you should seek strong and proven criminal defense services from an experienced Florida criminal defense attorney as soon as possible.
Florida’s Worthless Check Laws
Under Florida Statutes § 832.05, it’s a crime to knowingly issue a check, draft, or order for the payment of money when there are insufficient funds in the account or when the account is closed. The law refers to these checks as “worthless checks.”
The statute applies not only to personal checks but also to cashier’s checks, money orders, and electronic payments if issued with the intent to defraud.
Two Key Charges Under the Statute
- Misdemeanor Worthless Check (Typically under $150)
- Felony Worthless Check (Usually $150 or more)
The classification—misdemeanor or felony—depends on multiple factors, primarily the amount of the check and the defendant’s intent.
What Is the Felony Bad Check Amount in Florida?
The bad check felony threshold in Florida is $150. Under Fla. Stat. § 832.05(4)(c), writing a check for $150 or more with the intent to defraud is classified as a third-degree felony.
Summary of Thresholds:
- Under $150: Typically a first-degree misdemeanor
- $150 or more: Elevated to a third-degree felony
This means if the face value of the check is $150 or more, and the prosecution can establish intent to defraud, you could face felony charges in Florida, even if it’s your first offense.
Legal Elements the Prosecution Must Prove in Florida
To convict someone of issuing a worthless check in Florida, especially a felony-level offense, the State must prove the following elements beyond a reasonable doubt:
- The Defendant wrote or delivered a check, draft, or debit order.
- The instrument was for $150 or more.
- The defendant knew there were insufficient funds or that the account was closed.
- The defendant intended to defraud the payee.
Intent is critical. Florida courts have clarified that honest mistakes, such as forgetting about a pending debit or banking delay, don’t rise to criminal fraud. However, writing a check on a knowingly closed account is strong evidence of fraudulent intent.
When Is a Bad Check Automatically Considered a Felony?
While not every check for $150 or more will result in felony charges, the following scenarios increase the likelihood of a felony charge:
- The check is for $150 or more
- The account was closed before the check was issued
- The defendant has a prior conviction for issuing worthless checks
- The check was used to purchase expensive merchandise or services, with no attempt to pay later
- The defendant issued multiple bad checks in a short period
Penalties for Felony Bad Check Charges in Florida
If convicted of writing a bad check that meets the felony threshold in Florida, you may face the following penalties under Florida law:
Third-Degree Felony: Check of $150 or More
- Up to five years in prison
- Up to five years of probation
- Fines up to $5,000
- Restitution to the victim
- Permanent criminal record as a convicted felon
A felony conviction can also carry collateral consequences, including:
- Loss of civil rights (e.g., voting and firearm ownership)
- Ineligibility for certain professional licenses
- Barriers to employment, housing, and financial aid
Penalties for Misdemeanor Bad Check Charges
For checks under $150, the offense is typically prosecuted as a first-degree misdemeanor, punishable by:
- Up to one year in jail
- Up to one year of probation
- Fines up to $1,000
- Restitution to the victim
Additional Consequences and Civil Remedies for Passing Bad Checks
When a person issues a check without sufficient funds or from a bank account that has been closed, Florida law provides not only criminal penalties but also important civil remedies for victims. After a bad checks offense, victims often send a notice by certified mail or return receipt requested to the last known address of the issuer, demanding payment for the face amount plus any applicable service charges, protest fees, or interest.
If the issuer fails to respond within 90 days, the payee may seek civil damages up to three times the value of the issued check, plus court costs and attorney fees. This ensures that victims of theft by check fraud are not left without recourse. Even if the goods or services were delivered, failure to cover the face amount is considered actionable.
Criminally, knowingly passing a worthless check can lead to serious consequences. Defendants may face misdemeanor or felony charges depending on the amount and circumstances. Felony convictions can result in jail time in a county jail, heavy fines, and even the issuance of an arrest warrant if the court deems it necessary.
Under Florida Statutes § 832.05, issuing bad checks with intent to defraud is classified as a misdemeanor or a felony, and may expose defendants to jury trial. For amounts over $150, especially when sufficient funds were clearly not available, the act escalates from a simple mistake to a crime.
Moreover, writing checks without enough money or on a closed bank account to pay for property, services, or goods is not merely a financial misstep — it is an illegal act that carries both criminal penalties and civil liability.
Important distinctions to remember:
- If payment is made after receiving the notice, it may not automatically avoid prosecution.
- If the bank account was closed prior to issuing the check, prosecutors view it as strong evidence of fraudulent intent.
- Florida courts can order defendants to pay restitution, court costs, and attorney fees even in misdemeanor cases.
- Failing to address civil demands after return receipt notices could result in a separate civil judgment.
Facing allegations related to writing bad checks can be overwhelming, but having experienced legal representation can significantly impact the outcome. Whether you’re dealing with bad checks, offense allegations, civil suits, or threats of county jail time, understanding the legal expectations and working with a strong criminal defense team like Parikh Law, P.A., can make all the difference.
Civil vs. Criminal Liability for Bad Checks
It’s important to distinguish between civil and criminal consequences. A person who writes a bad check may face:
- Civil penalties such as paying the original amount, service fees, and damages up to three times the value of the check (Florida Statutes § 68.065)
- Criminal prosecution if intent to defraud is evident
Even if criminal charges are dropped or avoided, the payee can still sue you in civil court for damages.
Business Owners and Bad Checks
Business owners who write company checks that bounce could face personal liability under Florida law, especially if they’re sole proprietors. In corporate entities, individual liability may arise if there’s evidence of intentional fraud or misuse of business funds.
Employers, vendors, and contractors should have a process in place for handling returned checks and documenting communication with the issuer.
Role of the State Attorney’s Office
Many Florida counties have worthless check diversion programs run by the State Attorney’s Office. These programs allow first-time offenders to:
- Pay restitution to the victim
- Pay administrative fees
- Attend a financial management class
Upon successful completion, criminal charges are dropped. However, these programs usually aren’t available if the check amount exceeds $150 or if the issuer has a prior history of similar offenses.
Steps to Take If You’re Accused of a Felony Bad Check in Florida
If you’re accused of writing a bad check that meets the felony threshold in Florida, it’s important to:
- Avoid contacting the alleged victim or law enforcement without legal counsel.
- Don’t admit fault verbally or in writing.
- Consult with an experienced criminal defense attorney like Rahul Parikh immediately.
- Gather banking records and receipts that show your financial activity around the date the check was issued.
- Retain all notices or correspondence from the payee or the State Attorney’s Office.
FAQs on Bad Check Felony Amount in Florida
Here are some of the frequently asked questions on bad check felony under Florida law. For more information on Florida criminal defense, visit Parikh Law Blog.
Can a postdated check be considered a felony bad check under Florida law?
Typically, postdated checks aren’t criminally prosecuted unless there’s clear evidence of intent to defraud at the time the check was issued. If the drawer knew the account would remain unfunded and used the postdating to deceive the recipient, felony charges may still apply, even if the amount is under $150 when paired with other aggravating circumstances.
What if I wrote a bad check due to a bank error or fraud on my account—can I still be charged with a felony?
If you can prove that the account was compromised, closed in error, or the check bounced due to no fault of your own, criminal intent cannot be established. Intent to defraud is a required element. However, you may still be subject to civil penalties or restitution requirements.
Is it a felony to write a bad check if the recipient was informed the check might not clear?
If you disclosed to the recipient that the check may not be honored, and the recipient accepted it anyway, it may defeat the state’s claim of intent to defraud, which is necessary to elevate the charge. Still, you may face civil liability.
Can restitution or repayment of the check amount prevent felony charges?
Repayment can sometimes reduce or eliminate criminal charges, especially in first-time offenses or in counties with pretrial diversion programs. However, once a warrant is issued or charges are filed, the prosecutor may choose to pursue the case regardless of restitution.
Can a business owner be charged with a felony if an employee writes a bad check from the company account?
Yes, but only if prosecutors can establish that the business owner had knowledge of or directed the fraudulent act. If the employee acted independently and without authorization, the business owner may not face criminal charges, though the company could be liable in civil court. However, a pattern of similar incidents could shift liability toward the owner.
What happens if the bad check amount is under $150 but written to a government agency or utility?
Florida law imposes stricter enforcement when bad checks are issued to government entities, courts, or public utilities. While the amount may not meet the felony threshold, prosecutors may still pursue charges aggressively, and courts may impose additional penalties, including license suspensions or fines. In some cases, failure to pay could escalate to contempt proceedings.
Can I face felony charges for writing a bad check from a closed account, even if it’s under $150?
Yes. Writing a check from a closed account is treated more seriously than insufficient funds. Under Florida Statutes § 832.05(4)(b), knowingly writing a check from a closed account—even for less than $150—may be charged as a third-degree felony if intent to defraud can be proven. The closure of the account is considered strong evidence of intent.
How Florida Criminal Defense Attorney Rahul Parikh Will Defend You Against Bad Check Felony Charges
Facing felony charges for writing a bad check in Florida can be intimidating, especially when the check amount exceeds $150 and the prosecution claims intent to defraud. Fortunately, experienced Orlando criminal defense attorney Rahul Parikh of Parikh Law, P.A., has successfully defended clients against these serious allegations. His approach is strategic, aggressive, and highly personalized.
Here are some of the defenses attorney Parikh may use to challenge bad check felony charges in Florida.
Lack of Criminal Intent
Under Florida Statutes § 832.05, the prosecution must prove intent to defraud beyond a reasonable doubt. If you wrote a check believing there were sufficient funds or were unaware of your account’s status due to bank errors or delays, Parikh will argue there was no criminal intent—a critical element required for a conviction.
Post-Dated or Stale Check Defense
Postdated checks indicate a future promise to pay, not immediate payment. Florida law generally exempts post-dated checks from bad check prosecution unless intent to defraud is proven. Attorney Parikh will scrutinize the timeline and communications around the check to show it was a civil debt issue, not a criminal act.
Account Closure Without Your Knowledge
If your account was closed unexpectedly, such as due to fraud, identity theft, or bank action, Parikh may introduce evidence that you didn’t knowingly write a check from a closed account, effectively undermining the state’s theory of willful deception.
Repayment or Restitution Offers
While paying back the amount doesn’t erase the charge, timely repayment and evidence of good faith efforts to resolve the matter can be used to negotiate pretrial diversion, reduced charges, or even dismissal. Parikh often leverages this strategy to demonstrate that you weren’t trying to defraud but rather made a mistake in judgment or finances.
Insufficient Notice of Nonpayment
Florida law requires the recipient to send a written notice of dishonor before pursuing legal action. If this notice was not sent or was sent improperly, Parikh can move to have the charges dismissed on procedural grounds.
Attorney Rahul Parikh is known for relentless case preparation, deep knowledge of Florida’s fraud statutes, and skillful negotiation. Whether it’s filing pretrial motions, cross-examining financial experts, or challenging the sufficiency of evidence, Parikh Law, P.A. is fully equipped to protect your rights and fight for a favorable resolution.
Don’t Let a Check Mistake Become a Felony Conviction
The felony bad check amount in Florida may seem relatively low at just $150, but the consequences of a conviction can be severe and life-changing. What might start as a bounced check could quickly escalate to a felony if the State believes there was intent to defraud.
If you or a loved one is being investigated or has been charged with issuing a bad check, don’t wait. At Parikh Law, P.A., we understand the stress of facing criminal allegations and the risk of damage to your record, reputation, and future.Attorney Rahul Parikh is an award-winning trial lawyer who fights hard for his clients and knows how to negotiate effectively with prosecutors, many times even preventing charges from ever being filed. To schedule your free consultation, call us at (321) 204-7948 or contact us online.