default.html.twig template not found for page: /resources/general-criminal-law/check-fraud-in-mn-penalties-and-plea-optionsCheck fraud is one of the most commonly charged financial crimes in Minnesota. Whether it involves a forged signature, writing a check on an account with insufficient funds, or presenting a check you didn’t realize was invalid, a charge under Minnesota Statute 609.535 can carry serious and lasting consequences. We'll break down how Minnesota check fraud laws work, what penalties you may face, and how an attorney can help protect your future.
Minnesota defines check fraud (sometimes called “issuing a dishonored check”) as intentionally presenting, issuing, or possessing a check that you know:
The key factor is intent to defraud. Prosecutors must show you knowingly issued or used a worthless or forged check.
People can be charged with check fraud for many situations, including:
Even if the act was a misunderstanding, or you believed funds were available, you may still face charges until the facts are reviewed.
Penalties depend on the value of the check and whether the case involves forgery or intent to defraud. Minnesota divides check fraud into misdemeanor, gross misdemeanor, and felony levels.
Cases involving smaller amounts can be charged as misdemeanors. These typically apply when:
Possible penalties include:
If the check amount, and conduct, falls in a mid-range threshold or the person has prior dishonored-check offenses, prosecutors may pursue a gross misdemeanor.
A check fraud case may become a felony if:
Felony penalties may include:
Because this crime involves dishonesty, a conviction can create barriers to jobs, professional licensing, housing applications, and financial aid.
Minnesota’s sentencing guidelines consider criminal history. Prior financial-crime convictions—especially forgery, theft, or past check fraud—can increase the severity of the penalty.
If the check was forged or altered, prosecutors may also charge under forgery statutes in addition to or instead of Statute 609.535. This significantly increases potential penalties.
Beyond fines or jail time, people convicted of check fraud may face:
These practical consequences often matter even more than the criminal penalties.
Every case is different, but some of the most common defenses include:
1. Lack of Intent
Many check fraud cases involve mistakes rather than deception—bank errors, unexpected account holds, or misunderstandings about available funds.
2. Identity Theft or Unauthorized Use
If someone used your checkbook or account without permission, you may have a complete defense.
3. Errors in Handling or Processing
Banks, merchants, or digital payment platforms sometimes miscode transactions, resulting in a dishonored check that wasn’t actually fraudulent.
4. Insufficient Evidence
Prosecutors must show you knew the check would not be honored. If intent is unclear, the case may weaken.
5. Coercion or Pressure
If someone else compelled you to issue or present the check, your attorney may raise coercion as a defense.
Most Minnesota check fraud cases do not go to trial. Instead, attorneys negotiate outcomes based on restitution, intent, and criminal history.
Some counties offer diversion programs for first-time offenders. Successful completion may result in:
For many defendants, paying restitution early can significantly improve the outcome of the case.
Your attorney may negotiate to reduce a felony to a misdemeanor or secure a stay of adjudication (no conviction if conditions are met).
A charge under Minnesota Statute 609.535 can be stressful, but you don’t have to navigate it alone. The right legal strategy can reduce penalties, protect your record, and help you move forward with confidence.
If you’re facing accusations involving Minnesota check fraud laws, forged checks, or insufficient-funds charges, Bruno Law can defend you. You have a lot at stake, and we will work to ensure the best possible results to protect your future.