Obtaining Property by Worthless Check in Florida
Obtaining Property by Worthless Check is committed when a person issues a worthless check in exchange for goods or services.
Under Florida Statute 832.05(4), the crime of Obtaining Property by Worthless Check is committed when a person issues a check as the inducement for the furnishing of services, goods, wares, or other things of value knowing that there are insufficient funds on deposit with a bank to cover the check.
Check as Inducement for Property
Unlike the similar crime of Issuing Worthless Checks, the crime of Obtaining Property by Worthless Check requires proof that the worthless check was the actual inducement for the payee to perform the services or deliver the goods involved in the transaction.
In order to prove the check was the inducement, it must be shown the check was issued before, or simultaneously with, the performance of the service or delivery of goods received by the payor.
However, if the goods or services were provided without any specific form of payment expected, and the person later paid with a worthless check, the check is not considered to have been the legal inducement to perform the services or provide the goods. [1]
Withdrawing Funds Prior to Cashing
Withdrawal of the funds necessary for payment of a check within a reasonable time after issuance of a check, but before it has been cashed, is prima facie evidence that a person knew their bank account had insufficient funds. [2]
Penalties for Obtaining Property by Worthless Check
The crime of Obtaining Property by Worthless Check can be prosecuted as either a misdemeanor or a felony depending on whether the property obtained was worth $150 or more.
Misdemeanor Obtaining Property by Worthless Check
The crime of Obtaining Property Worth less than $150 by Worthless Check is a First Degree Misdemeanor in Florida and punishable by up to one (1) year in jail, one (1) year of probation, and a $1,000 fine.
A judge may sentence a person convicted of Obtaining Property worth less than $150 by Worthless Check to probation, but may also impose a sentence up to the statutory maximum of one year in jail.
Felony Obtaining Property by Worthless Check
The crime of Obtaining Property Worth $150 or more by Worthless Check is a Third Degree Felony in Florida and is punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine.
Obtaining Property Worth $150 or more by Worthless Check is assigned a Level 1 offense severity ranking under Florida’s Criminal Punishment Code. A judge may sentence a person convicted of Obtaining Property Worth $150 or more by Worthless Check to probation, but may also impose a sentence up to the statutory maximum of five years in prison.
Defenses to Obtaining Property by Worthless Check
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Obtaining Property by Worthless Check are:
Payee’s Knowledge of Insufficient Funds
It is a defense to the crime of Obtaining Property by Worthless Check if the payee knew, should have known, or was expressly notified that the payor had insufficient funds to cover the check at the time it was issued. [3]
Postdated Check
It is an absolute defense to the crime of Obtaining Property by Worthless Check that the check was postdated. [4]
Preexisting Debt
If a person issues a worthless check to satisfy a preexisting debt, then a person cannot be convicted of Obtaining Property by Worthless Check, but could still be convicted of misdemeanor Issuing Worthless Checks. [5]
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Obtaining Property by Worthless Check in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.