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WOCK3015 – Worthless Check (Business Account) in Florida
Being charged with passing a worthless check, especially under WOCK3015 – Worthless Check (Business Account), is a serious matter in Florida. These cases often involve allegations that a business wrote a check without sufficient funds in its account, leading to possible misdemeanor or felony charges under Florida Statute 832.05. While some cases are misunderstandings, prosecutors can be aggressive in pursuing charges because they view them as both theft-related and fraudulent.
If you or your business has been accused of issuing a worthless check, it’s essential to understand the law, the penalties, and the possible defenses available. As a Board-Certified Criminal Trial Lawyer, I help businesses, owners, and professionals protect their reputations and fight back against criminal accusations.
Understanding WOCK3015 – Worthless Check (Business Account)
The charge WOCK3015 refers specifically to the allegation that a business, not just an individual, issued a check that was dishonored due to insufficient funds, closed accounts, or intentional fraud. The law treats business accounts differently because checks from a business often involve larger amounts and can affect multiple parties, such as vendors, suppliers, or contractors.
Under Florida Statute 832.05, it is unlawful to issue a check with the intent to defraud, knowing that the account has insufficient funds or that the account is closed. The prosecution must prove that the check was issued deliberately without the ability or intent to pay.
Key Elements of the Offense
For prosecutors to convict someone under WOCK3015, they must prove:
- A check was issued – The check came from a business account.
- Insufficient funds – The bank dishonored the check due to lack of funds, a closed account, or other issues.
- Intent to defraud – The person who signed the check knew or should have known that there were insufficient funds and intended to deceive the payee.
- Notice was provided – The payee or state provided notice of dishonor, giving the business a chance to make the check good.
Penalties for Worthless Check (Business Account)
The penalties depend on the amount of the check and whether the defendant has prior convictions. Florida law provides:
| Check Amount | Charge Level | Possible Penalty |
|---|---|---|
| Less than $150 | 1st Degree Misdemeanor | Up to 1 year in jail, $1,000 fine, probation |
| $150 or more | 3rd Degree Felony | Up to 5 years in prison, $5,000 fine, probation |
| Repeat Offenses | Enhanced penalties | Increased likelihood of felony prosecution |
In addition to criminal penalties, the business and owner may face civil liability, including restitution, treble damages, and attorney’s fees under Fla. Stat. §68.065.
Common Scenarios That Lead to WOCK3015 Charges
- A business issues a check to a supplier when the account is low.
- Accounting errors cause overdrafts that bounce multiple checks.
- An employee writes unauthorized checks on the business account.
- A business account is closed, but automatic payments or issued checks still hit the account.
- A vendor accuses a business of intentionally writing a worthless check to avoid payment.
Top 5 Defenses to WOCK3015 Charges
Not every bounced check amounts to a crime. In fact, many worthless check allegations can be defended. Some of the strongest defenses include:
- Lack of Intent to Defraud – Mistakes happen; accounting errors, delayed deposits, or bookkeeping mix-ups are not criminal.
- Postdated Checks – Florida law recognizes that postdated checks are not necessarily issued with fraudulent intent.
- Bank Errors – Sometimes the bank makes mistakes in processing deposits or withdrawals.
- Prompt Payment – If the business makes the check good after notice, this can defeat the prosecution’s claim of intent to defraud.
- Insufficient Evidence – The State must prove beyond a reasonable doubt that the person issuing the check intended to deceive.
The Criminal Process for Worthless Check Cases
- Notice of Dishonor – The payee typically sends a certified demand letter giving the business time to correct the issue.
- Investigation – Law enforcement or the State Attorney’s Office investigates. Many Florida jurisdictions have worthless check diversion programs.
- Charges Filed – If restitution is not made, the prosecutor may file a WOCK3015 charge.
- Arraignment – The defendant appears in court and enters a plea.
- Defense Strategy – An attorney may negotiate restitution, diversion, dismissal, or prepare for trial.
Diversion and Restitution Programs
Many Florida counties have worthless check diversion programs, which allow businesses or individuals to avoid a criminal conviction by:
- Paying full restitution to the victim.
- Paying administrative fees.
- Completing a financial responsibility course.
Successful completion usually results in dismissal of the charges. This option is particularly important for business owners trying to protect their reputation.
Collateral Consequences of a Worthless Check Conviction
Beyond jail time and fines, a conviction for WOCK3015 can have lasting effects:
- Damage to Business Reputation – Vendors and customers may lose trust.
- Professional Licensing Issues – Professionals (lawyers, doctors, contractors, etc.) may face disciplinary action.
- Credit and Financial Impact – Civil judgments can damage credit and hinder future loans.
- Employment Barriers – Employers often view theft- or fraud-related crimes as disqualifying.
Case Law Insights
Florida courts have made clear that intent is the key factor in worthless check cases. Courts emphasize that simply bouncing a check does not prove fraud—prosecutors must show intent at the time of issuance. This means many cases hinge on circumstantial evidence, such as the account balance, history of similar incidents, and whether restitution was offered.
Frequently Asked Questions (FAQ)
No. A bounced check is not automatically a crime. The State must prove intent to defraud. Simple mistakes, accounting errors, or delays do not meet the standard for criminal charges.
If the check is $150 or more, the offense can be charged as a third-degree felony under Florida law.
Yes, jail or prison is possible. However, many first-time offenders are eligible for diversion, probation, or restitution agreements instead.
This may be a defense. The prosecution must prove who actually issued the check and had intent to defraud. Businesses should review their internal controls.
Not always. Restitution can help avoid charges or lead to dismissal in diversion programs, but once charges are filed, the prosecutor decides whether to pursue the case.
The statute of limitations is typically 2 years for misdemeanors and 3 years for felonies, but certain circumstances can extend that period.
Both can be targeted. The person who signs the check can face personal criminal charges, and the business entity may also face civil liability.
Florida law generally excludes postdated checks from criminal worthless check statutes because the payee knows funds are not yet available.
Issuing checks from a closed account is often viewed as stronger evidence of fraudulent intent. However, defenses may still apply if the closure was accidental or poorly communicated.
Absolutely. These charges can escalate quickly and damage both personal and professional reputations. An attorney can negotiate dismissal, diversion, or build a defense.
Why Hire a Board-Certified Criminal Trial Lawyer?
Not every defense attorney in Florida is Board Certified by the Florida Bar. Certification means I have been evaluated for trial experience, legal knowledge, and professional reputation. When facing a charge like WOCK3015, you need more than just an attorney—you need someone who understands both criminal defense and the financial/business aspects of these cases.
Call to Action
If you or your business has been accused of passing a worthless check in Florida, time is critical. The sooner you take action, the more options you may have to avoid a conviction, protect your reputation, and safeguard your business.
📞 Call the Law Office of W.F. “Casey” Ebsary Jr. at (813) 222-2220 for a confidential consultation today.
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