Bismarck, ND asked in Criminal Law for North Dakota

Q: If your first offense ever was a check fraud what would the minimum sentencing be?

It was over a $1000

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1 Lawyer Answer

Lucas Wynne

Answered
  • Criminal Law Lawyer
  • Grand Forks, ND
  • Licensed in North Dakota

A: As an attorney who practices criminal defense throughout North Dakota, I would first caution you not to share information about the crime being alleged. In this particular case, you should seriously consider retaining an attorney as the prosecution will not care that this is your first offense. The minimum sentence is only applied if you plead guilty or are convicted. You should not assume that you will be found guilty as most cases result in a plea deal (which is more likely to fall on your side with a lawyer representing you). With that being said, you should not assume that the minimum sentence will be applied in your case. In the majority of cases, you will receive a penalty much harsher than the minimum sentence. Unfortunately, I cannot answer your question directly because I do not have your charging documents in my possession and cannot see the actual crime with which you have been charged. Check forgery can be a Class B Felony (10 years, $20,000), Class C Felony (5 years, $10,000) or a Class A Misdemeanor (360 days, $3,000). The maximum and minimum penalties you face will depend on the crime alleged and whether other charges apply (they often do).

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