Worthless Check Defense Lawyer in Wisconsin
Charged with issuing a Worthless Check under Wis. Stat. § 943.24? These cases focus on intent and can carry criminal and civil consequences. Early legal guidance can prevent unnecessary escalation. Call for a free, confidential consultation.
What the Law Says About Worthless Checks in Wisconsin
Under Wis. Stat. § 943.24, a person commits a worthless check offense when they issue a check or other order for payment while intending that it will not be paid. The statute focuses on the issuer’s state of mind at the time the check was written, not simply whether the check later bounced. Like other theft related charges, a check for $2,500 or less is charged as a Class A misdemeanor, while a single check over $2,500, or multiple checks totaling $2,500 or more within a 90-day period, may be charged as a felony.
Wisconsin law allows the State to rely on certain prima facie evidence to infer intent, such as issuing a check without an account, insufficient funds combined with failure to pay after written notice, or account closure. The statute also expressly excludes postdated checks and checks written for past consideration (with limited exceptions), making the purpose, timing, and notice requirements central issues in many cases. Separately, Wisconsin’s civil statute, Wis. Stat. § 943.245, permits additional financial penalties even when criminal exposure is limited.
Chirafisi Anderson, S.C. represents individuals charged with fraud and forgery type cases including worthless check offenses throughout Southern and Central Wisconsin, including Dane, Rock, Iowa, Green, Columbia, Jefferson, Dodge, and Sauk Counties. We regularly defend cases involving business accounts, joint accounts, payroll and contractor disputes, and alleged notice violations, focusing on early analysis of intent, banking records, and statutory exemptions to prevent unnecessary criminal or civil escalation.
Elements of Worthless Check Charges in Wisconsin
To convict a person of issuing a worthless check under Wis. Stat. § 943.24, the State must prove each required element beyond a reasonable doubt, as set forth in Wisconsin Jury Instructions – Criminal 1468. The elements vary slightly depending on whether the charge is filed as a misdemeanor or felony.
Misdemeanor – Wis. Stat § 943.24(1)
For a check of $2,500 or less, the State must prove that:
- Issuing a check (signed and delivered to another).
- Intent it not be paid at the time of issuance (knew or believed payment would not occur).
- The value of the check was $2,500 or less.
- (Optional) “Prima facie” evidence may apply if written notice of nonpayment was ignored.
Felony – Wis. Stat. § 943.24(2)
To elevate the charge to a felony, the State must prove the misdemeanor elements above and one of the following:
- A single check for more than $2,500, or
- Multiple checks issued within 90 days totaling $2,500 or more.
Prima Facie Evidence of Intent
Wisconsin law allows the jury to infer intent under certain circumstances, including when:
- The issuer had no account with the bank.
- There were insufficient funds, and the issuer did not pay within five days of receiving written notice of dishonor.
- Insufficient funds existed when the check was presented and written notice was ignored.
Statutory Exclusions
The statute expressly excludes certain checks from prosecution, including:
- Postdated checks, and
- Checks written for past consideration (with limited exceptions, such as payroll checks).
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Penalties and Sentencing for Worthless Checks in Wisconsin
Similar to other Wisconsin property crimes, penalties for issuing a worthless check under Wis. Stat. § 943.24 depend on the amount of the check and whether the conduct involves a single transaction or multiple checks issued within a defined time period.
Worthless Check Penalty Levels
|
Value / Circumstance |
Classification |
Penalty |
|---|---|---|
|
Check ≤ $2,500 |
Class A Misdemeanor |
Up to 9 months jail and $10,000 fine |
|
Single check > $2,500 OR multiple checks totaling > $2,500 in 90 days |
Class I Felony |
Up to 3.5 years imprisonment (1.5 years initial confinement + 2 years extended supervision) and $10,000 fine |
Civil Liability for Worthless Checks – Wis. Stat. § 943.245
Separate from the criminal case, Wisconsin law authorizes civil liability under Wis. Stat. § 943.245. A person who issues a worthless check may face a civil lawsuit seeking:
- The face value of the check
- Actual damages (special damages, out-of-pocket loss)
- Exemplary damages (up to 3× actual damages)
- Attorney fees and costs (capped at $500 per violation)
Before filing a civil action, the claimant must provide 20 days’ written notice, giving the issuer an opportunity to pay the check and avoid civil liability. Any restitution paid in a criminal case is credited against civil damages.
Common Scenarios in Wisconsin Worthless Check Cases
Worthless check charges in Wisconsin frequently arise from financial timing issues, account misunderstandings, or business disputes, rather than intentional fraud. Common scenarios include:
- Business cash-flow problems or delays in incoming deposits
- Joint account confusion during separation or divorce
- Bookkeeping or accounting errors
- Duplicate mobile deposits
- Checks written with expected—but not yet available—funds
- Disputes between landlords, contractors, or small businesses
- Postdated or partially-agreed payment arrangements
- Accidental overdrafts or bank errors
Many of these situations do not involve criminal intent, even when a check is dishonored, and the surrounding financial records and notice requirements often determine whether prosecution is appropriate.
Defenses and Legal Strategies in Worthless Check Cases
Worthless check cases under Wis. Stat. § 943.24 turn primarily on intent, notice, timing, and statutory exclusions. Because the State must prove that the issuer knew or believed the check would not be paid at the time it was issued, effective defenses focus on financial records, bank practices, and whether the statutory prerequisites for prosecution were actually met.
Common defense strategies include:
Why Hiring a Worthless Check Defense Lawyer Matters
Worthless check charges under Wis. Stat. § 943.24 can impact employment, business operations, financial stability, and your criminal record. These cases turn heavily on technical issues such as bank notices, account status, intent, and whether the statute’s exemptions apply, making early investigation critical. The attorneys at Chirafisi Anderson, S.C. have the experience and proven results to protect your rights and identify defenses that can reduce or eliminate criminal and civil exposure.
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Contact Chirafisi Anderson, S.C.
If you are under investigation, received a dishonor notice, or have been charged with issuing a Worthless Check, early legal representation can prevent escalation and protect both your criminal and civil exposure. Contact us for a free consultation.