In Wisconsin, if you write a check for any amount less than or equal to $2,500.00 and you do not intend to pay that amount, you may be charged with a Class A Misdemeanor. If convicted of that offense, you could face up to 9 months in jail and pay a fine up to $10,000.00. If you write one or more checks within a 90 day period for any amount equal to $2,500.00 or more, and you do not intend to pay that amount, you may be charged with a Class I Felony. If convicted of that offense, you could face up to 9 months in jail and pay a fine up to $10,000.00.
It is not a crime to issue a check when you lack funds in your account to cover that amount. That is a somewhat common mistakes. Defenses to this charge can include that you mistakenly believed you had sufficient funds at the time the check was issued, or did actually have sufficient funds but there was an unexpected deposit. If, however, you did not pay the check within five days that you were notified (by mail sent to the address on your check or your last known address) that the check had not been paid, the State can use that evidence to create a presumption that you did not intend to pay the check. There are additional defenses that can help overcome that presumption. Each defense depends entirely on the specific facts of the case. Please contact an attorney at our firm for a consultation and we look forward to discussing your case in further detail.