Stealing or Receiving a Stolen Check

The holiday season brings a lot of mail—gifts, cards, and, often, checks. Unfortunately, this also makes it a prime time for certain crimes, like stolen checks. Whether it’s someone taking a check from a mailbox or a person unknowingly using a stolen one, these actions can lead to serious trouble.

In Texas, stealing or receiving a stolen check is taken seriously. The penalties can be severe, and many people don’t realize just how easy it is to get caught up in these situations. This blog will explain what you need to know in simple terms, so you can stay safe and avoid any legal issues this holiday season.

What Constitutes Check Theft?

Under Texas law, stealing checks falls under the broader category of theft. A check is a negotiable instrument, and stealing one involves taking it without the owner’s consent with the intent to deprive them of its value.

Texas Penal Code § 31.03 defines theft as “unlawfully appropriating property with intent to deprive the owner of it.” Checks are considered personal property, and their theft, regardless of the amount, can result in serious penalties.

A Holiday Risk of Theft

The holiday season often sees a rise in check-related crimes, fueled by a combination of increased mail activity and financial strain. Here are some reasons behind the trend:

1. More Checks in Transit: Checks sent as gifts or payments make mailboxes attractive to thieves.
2. Economic Pressures: Financial difficulties may lead some to exploit opportunities for quick cash.
3. Seasonal Distractions: Busy schedules and less vigilance create openings for criminal activity.

According to the U.S. Postal Inspection Service, mail theft rises significantly during this time, with checks being a common target. Staying alert and adopting preventive measures can help protect you from becoming a victim.

Legal Consequences of Stealing or Possessing a Stolen Check in Texas

Theft Penalties Based on Check Value

The penalties for stealing a check depend on its value:

• Less than $100: Class C misdemeanor, punishable by a fine up to $500.
• $100 – $749: Class B misdemeanor, punishable by up to 180 days in jail and a $2,000 fine.
• $750 – $2,499: Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine.
• $2,500 or More: Theft becomes a felony, with penalties increasing based on the value.

Receiving a Stolen Check Penalties

Receiving stolen checks is classified similarly to theft based on the value of the check. However, prosecutors often bundle additional charges, such as forgery, if the check is altered or deposited fraudulently.

Under Texas Penal Code § 32.21, forgery is a separate offense and can result in additional jail time or fines.

Defenses Against Check Theft or Possession Charges

If you are accused of stealing or possessing a stolen check, several defenses may be applicable:

1. Lack of Knowledge: Arguing that you didn’t know the check was stolen is a valid defense in possession cases.
2. Mistaken Identity: If you were wrongfully identified as the thief, this can be used as a defense.
3. Consent from the Owner: If the check owner gave you permission to use the check, the theft claim may be invalid.

Consulting with an experienced criminal defense attorney is crucial in building a robust defense strategy.

Practical Steps to Protect Yourself This Holiday Season

For Individuals

1. Retrieve mail promptly and consider using a locked mailbox.
2. Opt for digital transactions to reduce the risk of checks being intercepted.
3. If you suspect mail theft, contact your local police department or the U.S. Postal Inspection Service immediately.

For Businesses

1. Use a locked dropbox for outgoing checks.
2. When receiving checks, confirm their validity with the issuing bank.
3. Train staff to recognize signs of fraudulent or stolen checks.

Arrested? Don’t Plea, Call Me!

The holiday season is meant for celebration, but it’s also a time to stay vigilant. Check theft is more common than many people realize, and the consequences of being caught stealing or using a stolen check can be life-changing. Whether you’re protecting yourself or navigating an accusation, knowing the risks and legal implications is your first line of defense.

Facing accusations of theft or fraud can be overwhelming, especially during the holiday season. These charges carry serious consequences that can affect your future. At the Texas Criminal Defense Group, we specialize in defending individuals against fraud and theft allegations. With our experience and dedication, we’ll fight to protect your rights and work toward the best possible outcome.