A worthless check case is a theft-by-deception charge, not a debt-collection matter, and Florida grades it by the amount of the check rather than by the fact that it bounced. Because the crime is built on what you knew when you wrote it, knowledge and intent are where these cases turn.
The Charge, Graded by the Check Amount
Section 832.05 makes it a crime to obtain property with a check you know will not clear, and the degree tracks the amount.
| Amount of the check | Degree | Maximum |
|---|---|---|
| Less than $150 | First-degree misdemeanor | 1 year |
| $150 or more | Third-degree felony | 5 years |
Stopping payment on a check with intent to defraud is a separate offense under section 832.041, a felony when the amount is $150 or more. Statutes and holdings last verified June 2026.
I began as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, where theft cases move in volume and the State counts on no one testing the proof. Almost every theft charge turns on three things the prosecutor has to prove, the value of what was taken, the intent to deprive, and, in a stolen-property case, knowledge that the goods were stolen, and all three are softer than they look. I know how the State builds a theft case and where it tends to fall apart, on a value that cannot be proven, on an intent that was never there, and on the search that produced the evidence. Learn more about my background.
Knowledge and the Statutory Presumption
The State has to prove that, when you issued the check, you knew there were not enough funds or credit to cover it. To help carry that burden, Florida law lets the State argue a presumption of knowledge when proper notice of the dishonored check is given and the amount is not made good within the time the statute allows. That presumption is not the end of the matter. It can be met with proof of an honest mistake, a banking error, a deposit that did not clear in time, or any other fact that shows you did not know the check would fail.
Payment Is Not a Defense, but Other Things Are
The statute is explicit that paying the dishonored check does not by itself end the case. The real defenses go to intent: a post-dated check understood as a future promise, an agreement to hold the check until a date, a payee who knew the funds might be short, or a real dispute over the goods or services. Where the facts show a failed payment rather than a scheme to deceive, the charge does not fit.
How I Defend a Worthless Check Charge
I focus on knowledge and intent, on whether the statutory notice and presumption were properly triggered, and on whether this was a deception or a business dispute dressed up as a crime. Where the amount can be challenged, a felony can drop to a misdemeanor, and many first-time cases can be steered toward restitution and a resolution that keeps a conviction off your record.
Common Questions
Is a bounced check a crime in Florida?
It can be. Obtaining money, goods, or services with a check you know will not clear is the crime of obtaining property by a worthless check under section 832.05. It is a first-degree misdemeanor if the check is under $150 and a third-degree felony at $150 or more. An honest overdraft, with no knowledge that the check would bounce, is not this crime.
What does the State have to prove?
That you issued the check to obtain property and that you knew at the time there were not enough funds or credit to cover it. Knowledge and intent are the heart of the charge. Florida law allows the State to argue a presumption of knowledge when notice of the dishonored check is sent and the amount is not paid within a set time, but that presumption can be answered with the facts.
If I pay the check, does the case go away?
Not automatically. The statute says paying the dishonored check is not, by itself, a defense or grounds for dismissal. Paying can still matter to how the case is resolved and to restitution, but it does not erase the charge, so it should not be treated as a fix on its own.
What are the defenses to a worthless check charge?
The strongest defenses go to knowledge and intent: that you did not know the funds were short, that the check was post-dated and understood as a future promise, that there was an agreement to hold the check, or that the person taking it knew it might not clear. A real dispute over the goods or services can also undercut the intent the charge requires.
What about a check written on a closed or stopped account?
Stopping payment on a check with intent to defraud is charged separately under section 832.041, and it is a felony at $150 or more. A stop-payment made in a good-faith dispute, rather than to cheat the other side, is a different matter, and that intent question is where these cases are fought.
Related: Theft overview, Petit theft, Failure to return leased property, and White collar and fraud.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Theft offenses are governed mainly by chapter 812, Florida Statutes, and the degrees and value thresholds change, so they should be confirmed against current law. Every case turns on its own facts, and past results do not guarantee a similar outcome.
