By Collin County Criminal Defense Lawyer Jeremy Rosenthal
Theft by check is governed by Texas Penal Code 31.03(e). Issuance of a bad check (“IBC”), is controlled by section 32.41. The differences are simple, but major — one charge is like any other theft charge, and the other is simply writing a bad check. Most theft by check charges are class b misdemeanors or above ($20 to $500 are class b misdemeanors) while an IBC charge is a class c misdemeanor — the lowest level of offense in Texas.
Theft is a crime of moral turpitude while IBC is not. Further, class b misdemeanors are more difficult to have expunged than class c misdemeanors.
Theft in Texas is simply defined when a person, “…unlawfully appropriates property with intent to deprive the owner of property.” A Theft by check is merely a theft where the check was the…
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