Check fraud is among the most aggressively prosecuted financial crimes in California. With losses from fraudulent check schemes reaching billions of dollars annually across the United States, state and federal prosecutors treat these offenses with the same seriousness once reserved for violent crime. Whether you stand accused of counterfeiting a single check or orchestrating a broader scheme, the moment charges are filed, the machinery of the criminal justice system begins moving against you—and it does not slow down on its own.
Understanding exactly what the law prohibits, how prosecutors build their cases, and what a skilled defense attorney can do on your behalf is not merely useful—it is essential.
What California Law Defines as Check Fraud
The primary statute governing check fraud in California is Penal Code § 476. Under that code section, it is a criminal offense to make, pass, utter, or publish—or to attempt or conspire to do any of those things—with respect to a fictitious, forged, or fraudulently altered check, with the intent to defraud another person or entity. The statute encompasses an expansive range of conduct, including:
CounterfeitingCreating a wholly fictitious check that mimics a legitimate financial instrument, using a nonexistent bank, account, or account holder.
AlterationModifying a genuine check by changing the amount, payee name, date, or other material terms after it has been issued.
Passing Bad ChecksPresenting a check drawn on a closed account or one with known insufficient funds, governed additionally by PC § 476a.
Possession with IntentMerely possessing a fake or altered check with the intent to use it can establish criminal liability—even without a completed transaction.
A closely related offense, writing bad checks under PC § 476a, addresses the specific scenario of presenting a check while knowing the associated account lacks the funds to honor it. Though conceptually distinct from outright forgery, the two charges are frequently filed together, and the penalties overlap significantly.
The Penalties Are Severe—and Lasting
Check fraud under Penal Code § 476 is classified as a “wobbler” offense in California, meaning prosecutors hold discretion to charge it as either a misdemeanor or a felony. The path chosen depends on the dollar value involved, the defendant’s criminal history, and the specific facts of the alleged offense.
SENTENCING EXPOSURE AT A GLANCE
Under California’s Proposition 47, check fraud involving amounts of $950 or less is generally chargeable only as a misdemeanor—unless the defendant has prior convictions for specified serious offenses or prior forgery-related convictions. Once the fraudulent amount crosses that $950 threshold, or where multiple fraudulent instruments are aggregated, felony exposure becomes the norm.
The consequences extend well beyond sentencing. A check fraud conviction—particularly a felony—can permanently disqualify individuals from professional licensing in fields including medicine, law, real estate, nursing, and finance. Non-citizens face the additional specter of immigration consequences, including deportation and bars to naturalization. Employment background checks will surface the conviction for years, if not permanently, making it difficult to secure stable work or housing. The collateral damage of a conviction is, in many ways, as devastating as the sentence itself.
How Prosecutors Build Their Case
To secure a conviction under PC § 476, the prosecution must prove three elements beyond a reasonable doubt: first, that you possessed, made, passed, or attempted to pass a fictitious, false, or altered check; second, that you knew the document was false or had been altered; and third, that you acted with the specific intent to defraud. This last element—intent—is the linchpin of any check fraud prosecution, and it is also one of the most vigorously contested battlegrounds in the courtroom.
Prosecutors typically marshal bank records, surveillance footage, witness testimony, and digital forensic evidence to establish their case. In organized schemes, they may coordinate with federal investigators, bringing additional resources and the possibility of federal charges into play.
Why the Right Defense Matters from the Start
Because intent is central to every check fraud prosecution, a skilled defense attorney has substantial tools with which to work. The most effective defenses include challenging the prosecution’s ability to prove knowledge—if you cashed or deposited a fraudulent instrument without knowing it was fake, no conviction can stand. Similarly, if a check was altered or issued due to a clerical or bank error entirely beyond your control, that absence of criminal intent is a powerful shield.
Other viable defenses include establishing that you acted under duress, that you had authorization to make changes to a given instrument, or that the prosecution’s evidence—surveillance footage, eyewitness identifications, or chain-of-custody records—is insufficient or unreliable. In some cases, a well-positioned defense attorney may negotiate with prosecutors to reduce charges, secure diversion programs, or achieve dismissal before the matter ever reaches a jury.
How William M. Weinberg Defends the Accused
When you are charged with check fraud in California, the stakes could not be higher. You need a criminal defense attorney whose entire professional life is devoted to fighting for people in exactly your position. That is precisely what William M. Weinberg offers.
Mr. Weinberg has spent over three decades practicing exclusively in criminal defense. He began his career as a Felony Trial Attorney with the Orange County Public Defender’s Office—a foundation that gave him an intimate, firsthand understanding of how prosecutors think, how they build cases, and where their arguments are most vulnerable. Since establishing his own firm, he has tried well over 100 cases to verdict in Orange County criminal courts, achieving acquittals, dismissals, and favorable plea resolutions for thousands of clients across the full spectrum of criminal charges, including white-collar offenses such as fraud, embezzlement, and forgery.
In the context of check fraud defense, Mr. Weinberg’s approach is methodical and thorough. He examines every element of the prosecution’s evidence—from bank records and surveillance footage to the chain of custody for exhibits and the reliability of any eyewitness testimony. He assesses whether law enforcement obtained evidence lawfully, whether the search and seizure complied with constitutional protections, and whether the prosecution can actually meet its burden of proving criminal intent. Where weaknesses exist, he exploits them aggressively.
Mr. Weinberg also understands that a criminal charge does not end in the courtroom. He advises clients on the full range of collateral consequences—professional licensing, immigration status, civil liability—and structures his defense strategy with those long-term stakes in mind. His goal is not merely to resolve the criminal case; it is to protect his client’s future.
His office is centrally located in Irvine, providing straightforward access to all Orange County courts, and he also serves clients in Los Angeles, San Diego, and Riverside Counties. Consultations are always confidential and always free of charge. If circumstances require, his team can arrange bail assistance on a 24-hour basis
Contact Information
To discuss your case confidentially:
Law Offices of William M. Weinberg
Phone: (949) 474.8008
Email: bill@williamweinberg.com
Prompt and strategic action can make a substantial difference in the trajectory of a criminal case.
If you have questions about hearsay, Confrontation Clause protections, or evidentiary challenges in California criminal court, call today for a consultation.