Tennessee Criminal Lawyer Blog

The impact that a worthless checks charge can have on your life is enormous. It is important to realize that the facts of every worthless checks case in Tennessee are different. Our Tennessee theft lawyers handle worthless checks charges in the Gatlinburg, Sevierville, Pigeon Forge, and Knoxville area.

According to Tennessee law, A person commits the crime of passing worthless checks if he, knowingly or with fraudulent intent:

• issues or passes a check or similar sight order knowing there are not sufficient funds on deposit to pay it and other outstanding checks in full, or
• stops payment on a check (provided the items or services bought were represented at the time the check was issued). Tenn. Code Ann. § 39-14-121 (2007).

This statute permits a person to issue a stop payment order on a check if the goods or services were not as represented at the time the check was written. The statute permits fraudulent intent to be inferred if there was no bank account when the check was written or passed, or if the person did not “make good” within 10 days after being notified that the check was rejected by the bank. However, another provision of this law states that it does not apply to a post-dated or other check if the payee has good reason to believe the drawer did not have sufficient funds on deposit when the check was written.

The crime of passing worthless checks is punished the same as theft in Tennessee. The amount on the face of the check represents the value of the theft for purposes of assessing punishment.

• It is a Class A misdemeanor if the value of the property obtained is five hundred dollars ($500) or less;
• It is an E felony if the value of the property obtained is more than five hundred dollars ($500) but less than one thousand dollars ($1,000);
• It is a Class D felony if the value of the property obtained is one thousand dollars ($1,000) or more but less than ten thousand dollars ($10,000);
• It is a Class C felony if the value of the property or services obtained is ten thousand dollars ($10,000) or more but less than sixty thousand dollars ($60,000); and
• It is a Class B felony if the value of the property or services obtained is sixty thousand dollars ($60,000) or more. Tenn. Code Ann. § 39-14-105 (2007).

A conviction of a worthless checks charge could adversely affect your future employment, reputation in the community, and liberty interests. An individual charged with worthless checks should contact a Tennessee Criminal Lawyer as quickly as possible to discuss different legal avenues that may be pursued.