Writing a Bad Check NRS 205.130 and NRS 205.132
Writing a check willfully and with an intent to defraud to obtain money, delivery of valuable property, services, the use of property or credit extended by any licensed gaming establishment when the person has insufficient money to pay in full upon its presentation may be guilty of either a misdemeanor or category D felony.
If a person writes a check or multiple checks in a 90 day period that amount to $650 or more, the person will be guilty of a category D felony and restitution. A person who also was previously convicted 3 times of misdemeanor bad check writing, who is charged again for writing a bad check is guilty of a category D felony. If the amount is under $650 or you do not have 3 previous bad check convictions, you will be charged with a misdemeanor. If someone willfully issues a check for the payment of wages in excess of $650 or more, when he or she knows there are insufficient funds to pay, is guilty of a gross misdemeanor.
To be convicted of writing a bad check, one must have the specific intent to do so, which means he or she wrote the check with the intent to defraud. Not knowing one did not have enough funds to pay the check would be a defense. However, your intent to defraud and knowledge can be presumed if the check was written for an account that did not exist, or your failed to pay in full within 5 days after receiving notice of insufficient funds, or you did not have sufficient funds to begin with.
Having sufficient funds when you wrote the check or paying within 5 days of notice of the check bouncing may be a defense. It is sometimes possible to get the charges dismissed if your attorney can get the D.A. to agree to dismiss the charges if restitution is paid.
A category D felony carries a minimum prison term of 1 year and a maximum 4 years and fines up to $5000. A gross misdemeanor carries a jail term up to 364 days, or by fine up to $2000, or both fine and jail. A misdemeanor carries a jail term of not more than 6 months in jail, or fine not more than $1000, or both jail and fine.
An attorney can help in dealing with prosecutors to negotiate lesser charges or a dismissal, or to defend you if you go to trial.
Contact the Law Offices of Garrett T. Ogata at 702-366-0891 for a free consultation.