Law Office of Brent R. Hardy

If you have been arrested or charged with theft by check in South Texas or in Bexar County, contact a defense attorney who can help you fight the charges and keep your record clean. San Antonio criminal defense lawyer Brent Hardy is an experienced criminal lawyer who understands that charges for theft by check often result from a bounced check or simple misunderstanding. Brent Hardy can also work with you to help resolve a warrant for theft by check. Contact us at (210) 415-6662 for a confidential consultation. 

The information on this website is for general information only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation.  The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. 
       (a) If the actor obtained property or secured performance of service by issuing or passing a check  or similar sight order for the payment of money, when the issuer did not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders then outstanding, it is prima facie evidence of his intent to deprive the owner of property under Section 31.03 (Theft) including a drawee or third-party holder in due course who negotiated the check or to avoid payment for service under Section 31.04 (Theft of Service) (except in the case of a postdated check or order) if:
      (a) A person commits an offense if he issues or passes a check or similar sight order for the payment of money knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders outstanding at the time of issuance.
Texas Penal Code Section 31.06.  Presumption for Theft by Check.

Theft by Check


If you have been arrested or charged with theft by check, or what is commonly referred to as writing a "hot check," it is critical that you seek legal representation. Many people who are arrested or face criminal charges for theft by check are shocked to learn that misdemeanor or felony theft charges have been filed against them.

What is Theft by Check in Texas?

Under Texas Penal Code 31.06 it is theft for a person to take property from its owner by issuing or passing a check when that person knew or should have known that there were not sufficient funds on deposit with the bank for the payment in full of the check as well as all of the other checks that the person had outstanding at the time.

What is the Punishment in Texas for Theft by Check?

A theft by check case can be classified as either a misdemeanor or felony and the classification and punishment range is usually based on the amount of the check or the total amount of checks written. For example, if the total amount of the check or the total amount of checks written is more than $20 but less than $500, you could be charged with a Class B misdemeanor, punishable by up to 180 days in jail and/or up to a $2,000 fine.

However, if it is alleged that the total amount of the check or the total amount of all the checks written is $1,500 or more, you could be charged with a felony.

Texas Theft by Check Law

Texas Penal Code Section 32.41. Issuance of bad check.
          (1) he had no account with the bank or other drawee at the time he issued the check or order; or

            (2) payment was refused by the bank or other drawee for lack of funds or insufficient funds, on presentation within 30 days after issue, and the issuer failed to pay the holder in full within  10 days after receiving notice of that refusal.