Larceny by Check Defense Attorney Massachusetts

Larceny by check in Massachusetts can range from a misdemeanor with a small fine to a felony carrying up to 5 years in state prison, depending on the value of property or services obtained. We defend individuals charged with larceny by check in Essex County and throughout Eastern Massachusetts.

‍Call (978) 705-4537 for a free consultation available 24/7.

Larceny by check charges often arise out of misunderstandings about timing, account balances, or third-party transactions, and can carry consequences far beyond the amount of the original check. We have defended people facing larceny by check charges for over 30 years in Massachusetts courts.

Call (978) 705-4537 for a free consultation.

If you are looking at charging documents that say "larceny by check" or refer to passing a bad check, the law you have been charged under is M.G.L. c. 266, § 37. The most important thing to understand is that not every bounced check is a crime. The Commonwealth must prove a specific intent to defraud, and the Massachusetts Supreme Judicial Court has made the prosecution's burden harder than it used to be.

Massachusetts recognizes several scenarios under § 37, all sharing the same legal elements but differing in how the charge plays out factually.

When a person writes a check with intent to defraud, knowing there are insufficient funds in the account, and actually obtains money, property, or services as a result, that person is guilty of larceny under § 37. Penalties depend on the value obtained: if more than $1,200, the offense is a felony punishable by up to 5 years in state prison or a fine of up to $25,000 and jail of up to 2 years. If $1,200 or less, the offense is a misdemeanor punishable by up to 1 year in jail or a fine of up to $1,500.

If a person writes a check with intent to defraud and knowledge of insufficient funds, but the check is rejected before any money, property, or services are obtained, the offense is attempted larceny by check. Attempt charges are also covered by § 37 and carry penalties under the general larceny attempt provisions.

When the recipient of the bad check is 60 or older or has a disability as defined under Massachusetts law, the penalties are significantly enhanced. Property or services worth more than $250 obtained by bad check from a protected victim is punishable by up to 10 years in state prison or up to 2.5 years in a house of correction or a fine of up to $50,000, or both. Property or services worth $250 or less is punishable by up to 2.5 years in a house of correction or a fine of up to $1,000.

Massachusetts has both criminal penalties under § 37 and civil remedies under M.G.L. c. 93, § 40A for bounced checks. The civil remedy allows the recipient to sue for the face amount plus statutory damages. A civil dispute does not automatically become a criminal case. The criminal charge requires proof of intent to defraud and knowledge of insufficient funds at the time the check was written, not just that the check bounced. Many cases that begin as civil disputes are wrongly criminalized when the writer simply made a banking error or had a check bounce due to timing.

In Commonwealth v. Littles, 477 Mass. 382 (2017), the Massachusetts Supreme Judicial Court struck down a key part of § 37 as unconstitutional. The statute previously provided that failing to pay the amount of a bounced check within 2 days of notice was prima facie evidence of intent to defraud. The SJC held that this presumption impermissibly lowered the Commonwealth's burden of proof and violated due process. The result is that prosecutors must now prove intent to defraud the old-fashioned way, with actual evidence, not by relying on the failure to pay after notice.

We know you are already worried about what could happen, especially if a felony charge has been filed. The penalty structure for larceny by check follows the general larceny penalties under § 30, scaled to the value of what was obtained. Upon conviction for larceny by check involving property or services worth more than $1,200, the penalty is up to 5 years in state prison or a fine of up to $25,000 and up to 2 years in jail.

Upon conviction for an amount of $1,200 or less, the penalty is up to 1 year in jail or a fine of up to $1,500. When the recipient is 60 or older or has a disability, the penalties are enhanced as described above. Restitution to the recipient is typically ordered as part of any conviction, often as a condition of probation.

Beyond direct sentencing, a larceny by check conviction can affect employment in any field requiring background checks, especially banking, finance, healthcare, retail management, and any position involving money or fiduciary duty. Professional licenses in finance, real estate, insurance, and other regulated fields can be suspended or revoked. Immigration consequences are real for non-citizens because crimes involving fraud are typically classified as crimes involving moral turpitude, with deportation risk.

A charge is not a conviction. Larceny by check cases are heavily dependent on proving intent to defraud, which is a state of mind that has to be established by evidence beyond reasonable doubt. With the Littles decision having eliminated the old presumption, prosecutors face a real burden in many of these cases.

Right now this may feel hopeless, but larceny by check cases often have strong defenses. The intent-to-defraud element is genuinely difficult for the Commonwealth to prove, and many cases involve real misunderstandings or banking issues. Possible defenses include:

‍Lack of intent to defraud. This is the most common and often the strongest defense. Many bounced checks result from honest mistakes about timing, account balances, pending deposits, or banking errors. Without proof of intent to defraud, there is no crime.

‍Lack of knowledge of insufficient funds. If the defendant believed there were sufficient funds based on pending deposits, expected transfers, or a reasonable belief about the account balance, the knowledge element is not satisfied.

‍Post-dated or held checks. Where a check was given as a security or post-dated with the recipient's knowledge that funds were not yet available, intent to defraud is harder to prove.

‍Disputes about consideration or contract. If the underlying transaction was disputed, fraudulent on the recipient's side, or based on services not delivered, the intent to defraud analysis changes.

‍Identity issues. In cases involving forged signatures or identity theft, the defendant may not have written the check at all. Forensic handwriting analysis can be decisive.

‍Pretrial diversion or restitution-based resolution. Many larceny by check cases can be resolved without a conviction through pretrial diversion, restitution, and dismissal, especially for first offenses where the recipient can be made whole.

If you have just been arrested, released, or received a summons, take a breath. Here is what you need to do right now.

● Don't talk to police without a lawyer present, even to explain that the bounced check was a mistake
● Don't discuss your case with anyone except your attorney, including the recipient of the check
● Don't contact the alleged victim or attempt to settle the matter on your own
● Preserve all bank records including statements, deposit receipts, online banking screenshots, and notices from the bank
● Preserve communications including text messages, emails, and any written agreements with the recipient about timing of payment
● Write down everything you remember about the transaction, the timing, and the state of your account when the check was written
● Don't post anything about your case, the recipient, or the transaction on social media
● Follow all court orders and conditions of release
● Contact an experienced Massachusetts criminal defense attorney as soon as possible

‍Call (978) 705-4537 for a free consultation 24/7.

Acting quickly gives your attorney the best chance to investigate, gather banking records, and identify resolution paths that may avoid a conviction.