Theft charges vary in severity depending upon the value of the property allegedly stolen, and the defendant’s prior criminal record.
If you have been arrested or charged with theft by check or what is commonly referred to as writing a “hot check,” it is critical that you seek legal representation. Many people who are arrested or face criminal charges for theft by check are unaware or shocked to find out that misdemeanor or felony theft charges have been filed against them.
Texas Theft by Check Lawyer
If you are facing a theft by check charge in Austin, Texas, it is critical that you contact a criminal defense attorney who is familiar with theft by check cases and understands theft law in Texas. Attorney Kevin Bennett has years of experience in criminal law. He can help you preserve your freedom.
Criminal defense lawyer Kevin Bennett at The Law Office of Kevin Bennett represents people throughout Travis County, including in Austin, Pflugerville, Lago Vista and Lakeway. Call (512) 476-4626 to schedule a free consultation.
Information Center
- What is Theft by Check in Texas?
- Punishment in Texas for Theft by Check
- Theft by Check Law in Texas
- Additional Resources
What is Theft by Check in Texas?
Under Texas Penal Code §31.06 it is theft for a person to take property from its owner by issuing or passing a check when that person knew or should have known that there were not sufficient funds on deposit with the bank for the payment in full of the check as well as all of the other checks that the person had outstanding at the time.
What is the Punishment in Texas for Theft by Check?
A theft by check case can be classified as either a misdemeanor or felony and the classification and punishment range is usually based on the amount of the check or the total amount of checks written. For example, if the total amount of the check or the total amount of checks written is more than $100 but less than $750, you could be charged with a Class B misdemeanor, punishable by up to 180 days in jail and/or up to a $2,000 fine.
However, if it is alleged that the total amount of the check or the total amount of all the checks written is $2,500 or more, you could be charged with a felony.
Texas Theft by Check Law
Texas Penal Code Section 32.41. Issuance of bad check.
(a) A person commits an offense if he issues or passes a check or similar sight order for the payment of money knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders outstanding at the time of issuance.
Texas Penal Code Section 31.06. Presumption for Theft by Check.
(a) If the actor obtained property or secured performance of service by issuing or passing a check or similar sight order for the payment of money, when the issuer did not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders then outstanding, it is prima facie evidence of his intent to deprive the owner of property under Section 31.03 (Theft) including a drawee or third-party holder in due course who negotiated the check or to avoid payment for service under Section 31.04 (Theft of Service) (except in the case of a postdated check or order) if:
(1) he had no account with the bank or other drawee at the time he issued the check or order; or
(2) payment was refused by the bank or other drawee for lack of funds or insufficient funds, on presentation within 30 days after issue, and the issuer failed to pay the holder in full within 10 days after receiving notice of that refusal.
Additional Resources
Texas Penal Code: Theft by Check – Access the official website for the Texas Penal Code to view section 31.06 which constitutes theft by check. You can view how Texas penalizes the crime.
Texas Statutes: Punishments – Follow the link provided to view the classification of offenses in Texas. The Texas Penal Code lists penalties for felonies and misdemeanors.
Austin Theft by Check Attorney | Travis County, TX
If you have been arrested or charged with theft by check in Austin, Texas or in Travis County, contact a defense attorney who can help you fight the charges and keep a clean record.
Austin criminal defense lawyer Kevin Bennett is an experienced criminal lawyer in Austin who understands that charges for theft by check often result from a bounced check or simple misunderstanding.
Contact The Law Office of Kevin Bennett at (512) 476-4626 for a confidential consultation. Kevin Bennett can also work with you to help resolve a warrant in Travis County for theft by check.
