Larceny by Check

Larceny by Check in Massachusetts

Larceny by check is a criminal offense in Massachusetts involving the use of a check, draft, or order for payment when the person allegedly knows there are insufficient funds or credit to cover it and intends to defraud the recipient.

Importantly, not every bounced check is a crime. People make banking mistakes, payments may post unexpectedly, deposits may be delayed, and accounts may become overdrawn without criminal intent. To prove larceny by check, the Commonwealth must prove more than the fact that a check was returned.

What Is Larceny by Check?

Under Massachusetts General Laws Chapter 266, Section 37, it is a crime to draw, utter, or deliver a check, draft, or order for payment with knowledge that there are insufficient funds or credit and with intent to defraud.

The Massachusetts jury instruction for larceny by check explains that the Commonwealth generally must prove that the defendant:

• Made, drew, uttered, or delivered a check, draft, or order for payment
• Obtained money, property, services, or something of value as a result
• Knew at the time that there were insufficient funds or credit to cover the check
• Acted with intent to defraud

You can review the official Massachusetts jury instruction here: Massachusetts larceny by check jury instruction.

How Does Larceny by Check Happen?

Larceny by check allegations may arise when a person writes or passes a check that is later returned for insufficient funds. However, the legal issue is not simply whether the check bounced. The key questions are whether the person knew the account lacked sufficient funds or credit and whether the person intended to defraud the recipient.

Common situations may include:

• A check written for goods or services that later bounces
• A payment made from an account with insufficient funds
• A check written after an account was closed
• A dispute over whether the person expected a deposit to clear
• A misunderstanding about available funds or bank processing

Some of these situations may be criminal; others may be civil or financial disputes. The facts matter.

Is an Accidental Bounced Check a Crime?

Not necessarily. A bounced check by itself does not automatically prove larceny by check. The prosecution must prove knowledge and intent to defraud.

For example, a defense may exist if:

• You reasonably believed there were enough funds in the account
• A deposit was delayed unexpectedly
• An automatic withdrawal or bank fee caused the account to go negative
• You made a prompt effort to correct the issue
• The matter was a misunderstanding or civil payment dispute

Massachusetts law also contains a rule involving notice of insufficient funds and making good on the check within a short period after notice. The details should be reviewed carefully with an attorney before assuming that repayment alone ends the criminal issue.

What Should I Do If I Am Accused of Larceny by Check?

If you are accused of larceny by check, do not ignore the situation. A returned check can become a criminal matter, especially if the recipient contacts police, files a complaint, or seeks charges through a clerk magistrate hearing.

You should:

1. Do not make statements without legal advice: Avoid admitting intent or making explanations that could be used against you later.
2. Preserve records: Save bank statements, deposit records, payment confirmations, emails, receipts, invoices, and communications with the merchant or recipient.
3. Address the financial issue carefully: Repayment may help, but it should be handled strategically, especially if criminal charges are already pending.
4. Speak with a criminal defense attorney: An attorney can determine whether the issue is criminal, civil, or potentially resolvable before arraignment.

If you received notice of a clerk magistrate hearing, early legal help may be especially important. Read more here: What Happens at a Clerk Magistrate Hearing in Massachusetts?

What Are the Potential Consequences of Larceny by Check?

Larceny by check is treated as a theft-related offense. Possible consequences may include:

• Criminal charges
• Fines and court costs
• Restitution
• Probation
• Possible jail exposure depending on the facts and amount involved
• A criminal record if the case results in a conviction
• Employment, housing, licensing, or background check consequences

If you are concerned about the record consequences of a theft-related charge, read: Will My Criminal Case Show Up on a Background Check in Massachusetts?

Can an Attorney Help With a Larceny by Check Charge?

Yes. A criminal defense attorney can review the evidence and determine whether the Commonwealth can prove the required elements of the offense.

An attorney may be able to help by:

• Reviewing bank records and account history
• Challenging whether you knew there were insufficient funds
• Challenging whether there was intent to defraud
• Negotiating restitution when appropriate
• Seeking dismissal, reduction, pretrial probation, or another favorable resolution
• Representing you at a clerk magistrate hearing or in court

What Defenses Are Available for Larceny by Check?

Possible defenses depend on the facts, but may include:

• Lack of intent: You did not intend to defraud the recipient.
• Lack of knowledge: You did not know there were insufficient funds or credit at the time.
• Mistake or banking error: A deposit delay, bank mistake, service charge, or accounting error caused the issue.
• No value obtained: The prosecution may not be able to prove that money, goods, services, or value were obtained through the check.
• Repayment or restitution: Repayment may not erase the charge automatically, but it can be important in negotiation or mitigation.

Why Is It Important to Act Quickly?

The longer you wait, the more complicated the situation can become. Prompt action may help prevent charges from issuing, support a favorable resolution, or reduce the risk of a criminal record.

If the matter is still at the complaint or clerk magistrate hearing stage, an attorney may be able to argue that the situation was a mistake, civil dispute, or resolved payment issue rather than a criminal theft case.

Speak With a Massachusetts Criminal Defense Attorney

Larceny by check charges can have serious consequences, but many cases turn on intent, knowledge, banking records, and whether the matter can be resolved before it causes lasting damage.

At The Law Offices of Elliot Savitz & Scott Bradley, we help clients facing theft-related charges, clerk magistrate hearings, and criminal allegations throughout Massachusetts.

If you have been accused of larceny by check, contact The Law Offices of Elliot Savitz & Scott Bradley today for a confidential consultation.