Fairfax Check Fraud, Forgery & Bad Check Defense Attorney — Virginia Code § 18.2-181
Quick answer: In Virginia, “check cases” are not one offense. Stealing a check is larceny under Code § 18.2-98, punished by value. Signing, altering, or presenting one is forgery and uttering under § 18.2-172 — each a Class 5 felony, and they are frequently charged together. Writing a check on an account you know cannot cover it is the separate bad-check offense under § 18.2-181 — a Class 1 misdemeanor under $1,000, a Class 6 felony at $1,000 or more. Which statute you are charged under changes everything about the defense. Attorney Sheryl Shane brings more than 31 years of criminal defense experience to these cases across Northern Virginia and is available 24/7 at (703) 582-8119.
Charged Over a Check? The First Question Is Which Statute
Clients arrive at my office describing the same event in the same words — “it’s about a check” — and then discover they are facing completely different exposure depending on which section of the Code the warrant names.
That is not a technicality. A stolen check, a forged signature, and a check written on an empty account are three separate crimes with three different sets of elements. Some are misdemeanors. Some are felonies. Some are both, stacked on the same warrant.
An arrest is not a conviction. Whatever the warrant says, the Commonwealth still has to prove every element of that specific offense beyond a reasonable doubt — and in check cases, the element that gives prosecutors the most trouble is almost always intent.
What Virginia Law Actually Covers
Stealing a check — § 18.2-98
Taking a bank note, check, or other writing of value is treated as larceny. It is charged under § 18.2-95 or § 18.2-96 and punished according to value: a Class 1 misdemeanor below $1,000, grand larceny at $1,000 or more.
Value is worth arguing about here more than people expect. A blank check, an unsigned check, an incomplete check, and a completed negotiable instrument are not obviously worth the same thing, and the amount assigned can be the difference between a misdemeanor and a felony.
Forgery and uttering — § 18.2-172
Forgery is falsely making, altering, or completing a writing with intent to defraud, where the document would have legal effect if genuine.
Uttering is presenting or attempting to use that document while knowing it is forged, with intent to defraud.
These are two separate offenses, each a Class 5 felony — one to ten years, or at the discretion of the court or jury, up to twelve months in jail and a fine up to $2,500. When both are charged from a single check, the exposure doubles.
Three points surprise most clients:
- Uttering is complete on presentation. You do not have to receive anything. Handing the check to the teller finishes the offense.
- You do not have to have made the document. Knowing it was forged is enough.
- If the check clears and money changes hands, the Commonwealth can add a false pretenses count from the same event. I cover that offense separately on my obtaining money by false pretenses page.
Forging a public record or official attestation is a more serious Class 4 felony under § 18.2-168.
Bad checks — § 18.2-181
Writing, drawing, or delivering a check with intent to defraud, knowing at that moment that the account lacks sufficient funds, is deemed larceny. At a represented value of $1,000 or more it is a Class 6 felony. Below $1,000 it is a Class 1 misdemeanor.
The provision that decides many of these cases is § 18.2-183. A check refused for insufficient funds is prima facie evidence of intent to defraud — unless the maker pays the holder the amount due within five days of receiving written notice that the check was not paid. Even then, payment does not bar the prosecution; it removes the presumption, and the Commonwealth must prove intent some other way.
That five-day window is the single most important fact in a bad-check case, and it is frequently missed. Whether proper written notice was ever given, when it was actually received, and what happened in the days that followed can determine whether the Commonwealth gets its presumption at all.
Why the Charge Gets Filed — and Where It Gets Weak
Check cases usually begin with a bank, a merchant, or a family member who is certain about what happened. The paper looks conclusive — there is a signature, an amount, a date, and a rejection notice.
But a document proves less than it appears to. The places these prosecutions weaken are consistent:
Whether the signature was actually unauthorized. Whether the person charged is the person who signed or presented it. Whether intent to defraud existed at the moment of signing or delivery, rather than developing later when a deposit failed to clear. Whether the § 18.2-183 notice was properly sent and received. Whether the amount assigned to the instrument is the right one. And, in altered-check cases, whether the change was material at all.
The Distinction That Decides Forgery Cases
Forgery is about whether a document is genuine — whether it is what it purports to be and came from the person it purports to come from.
It is not about whether the contents are true.
A document you actually signed, in your own name, with authority to sign it, is not a forgery even if every statement inside it is false. That may be some other offense, or it may be nothing criminal at all. But it is not forgery under § 18.2-172.
This line gets blurred in charging decisions more often than it should, and it deserves close examination in any case built on a document rather than on testimony.
What You Are Facing
Forgery and uttering are Class 5 felonies. A stolen check charged as grand larceny carries felony exposure under § 18.2-95. A bad check at $1,000 or more is a Class 6 felony. Restitution is commonly ordered on top of any sentence.
The consequences outside the courtroom are often the greater concern. Offenses involving dishonesty are treated as crimes involving moral turpitude, which speaks directly to truthfulness. That can affect employment, professional licensing, and security clearances in ways an ordinary charge does not — a serious matter in Northern Virginia, where so many people hold clearances or work for federal agencies and contractors. For anyone who is not a U.S. citizen, these offenses can carry significant immigration consequences, and those should be discussed before any plea is entered.
How I Defend These Cases
Every case turns on its own facts, but the questions that tend to matter here include:
- Authority to sign. Spouses, business partners, employees with signature authority, and holders of a power of attorney sign for other people routinely. Whether authority existed — and whether it had been revoked — is frequently the entire case.
- Genuineness versus content. Was the instrument false, or merely inaccurate? Those are different questions with different answers.
- Intent at the right moment. Bad-check cases in particular often involve a deposit that did not clear, a transfer that arrived late, or an account the person genuinely believed was funded.
- What the payee knew. A check the payee accepted knowing it was not then good — with an understanding it would be covered later — is not the bad-check offense, and neither is a bad check given to pay a past debt.
- The § 18.2-183 notice. Was written notice properly sent? When was it received? Was the amount paid within five days? Without valid notice, the Commonwealth may lose its presumption of intent.
- Identity and handwriting. Handwriting comparison is opinion evidence, and a document examiner’s conclusions can be challenged like any other expert testimony.
- Value. Because value sets the felony line under §§ 18.2-95, 18.2-98, and 18.2-181, how the instrument was valued deserves scrutiny rather than assumption.
- The original document. Was an original ever obtained and preserved, or is the case built on a scan? Who collected it, and how was it handled?
I cannot promise an outcome, and I never will. What I can do is take the case apart element by element and defend the counts together, the way they will actually be tried.
Why It Matters Who Handles Your Case
When you hire my office, you work directly with me. I review the evidence — including the bank records, original instruments, and account histories these cases depend on — meet with you, and handle the matter from the first conversation through its conclusion. After more than 31 years of criminal defense, I know how document cases tend to move and how the larceny, forgery, and bad-check pieces fit together.
Frequently Asked Questions
Is forgery a felony in Virginia?
Yes. Forgery of a writing other than a public record is a Class 5 felony under Virginia Code § 18.2-172, punishable by one to ten years, or at the discretion of the court or jury, up to twelve months in jail and a fine up to $2,500. Uttering that document is a separate Class 5 felony, so charging both from one check doubles the exposure.
What is the difference between forgery and uttering?
Forgery is making or altering the document. Uttering is presenting or attempting to use it while knowing it is forged. They are separate offenses under the same statute, and a person can be charged with one, the other, or both. Uttering is complete when the document is presented — nothing has to be received.
Can I be charged with forgery if I signed my own name?
Generally no. Forgery concerns whether a document is genuine, not whether its contents are true. A document you signed yourself, with authority to sign it, is not a forgery even if statements in it are false. That conduct may fall under a different statute, but the forgery charge is a poor fit.
I wrote a check that bounced. Is that automatically a crime?
No. The bad-check statute, § 18.2-181, requires intent to defraud and knowledge that the account lacked funds at the time the check was written. Under § 18.2-183, a refused check is prima facie evidence of that intent unless the amount is paid within five days of written notice of non-payment. Whether proper notice was given and what happened in those five days is often the central issue.
How much does the amount of the check matter?
A great deal. Under § 18.2-181, a check of $1,000 or more is a Class 6 felony and one below $1,000 is a Class 1 misdemeanor. Stolen checks charged as larceny are likewise punished by value. Because the amount sets the felony line, valuation is worth challenging whenever it is genuinely in dispute.
Will a conviction affect my job, clearance, or immigration status?
It can. Forgery, uttering, and check offenses involve dishonesty and are generally treated as crimes involving moral turpitude, which can affect employment, professional licensing, security clearances, and immigration status. These concerns should be discussed early, before any plea is entered.
Talk to Me About Your Case
If you have been charged with check theft (Virginia Code § 18.2-98), forgery or uttering (§ 18.2-172), issuing a bad check (§ 18.2-181), or a related offense — whether on its own or alongside another charge — you do not have to sort it out alone.
Document cases depend on originals, bank records, and account histories that are best obtained early, while they can still be preserved. The earliest decisions often carry the most weight. If you would like to discuss your situation, I invite you to contact my office for a confidential consultation. For how these charges fit alongside other theft offenses, you can also read my overview of theft and larceny defense.
This page is part of the broader cluster: for the full picture, see my fraud defense overview.
About the Attorney: Sheryl Shane
Sheryl Shane is the founder of Virginia Criminal Attorney, a Fairfax criminal defense attorney who has practiced law since 1994 and has run a boutique, sole-practitioner practice in Fairfax since 2000. She earned her B.A. from Ohio University and her J.D. from Thomas M. Cooley Law School in Michigan, was licensed to practice law in Ohio in 1994 and has been licensed in Virginia since 2000, and is a member of the Fairfax Bar Association and the Arlington County Bar Association. A former arbitration judge in Ohio and a court-appointed Guardian ad Litem in Virginia, she personally handles every case she takes — from the first consultation through final resolution — and her office sits just minutes from the Fairfax County Courthouse.
Contact Sheryl Shane
Sheryl Shane
Fairfax Check Fraud, Forgery & Bad Check Defense Attorney
Virginia Criminal Attorney
Office Address
4015 Chain Bridge Road
Fairfax, VA 22030
Phone
(703) 582-8119
Serving clients throughout Fairfax County, Arlington County, Loudoun County, Prince William County, Alexandria, and Northern Virginia.
Disclaimer: This page is attorney advertising, published by the Law Office of Sheryl Shane. It is provided for general educational and informational purposes only and is not legal advice. Reading this page, contacting the firm, or submitting information through this website does not create an attorney-client relationship; that relationship is formed only by a signed written agreement. Please do not send confidential information until such a relationship exists. Every case is different, and the application of Virginia law depends on the specific facts and circumstances involved — no outcome is promised or implied, and past results do not guarantee a similar outcome in any future case. If you are facing a criminal charge or any other legal issue, seek the advice of a licensed attorney about your own situation; do not rely on this page in place of that advice. While this content was written and reviewed by Attorney Sheryl Shane and reflects Virginia law current through the 2026 Special Session I, the law changes and no representation is made that it remains current or complete, and no liability is accepted for any action taken or not taken in reliance on it.
