"Or, if the amount is under the statutory limit for a felony, they can simply file against you in civil court"
*** Sorry, not correct. Most state laws provide TWO separate charges for your writing a 'bad check'. They are criminal (complaint filed with local prosecutor by merchant) and civil (merchant can file a complaint in civil court).
In Kentucky, the possible criminal penalty is:
Issuing a check knowing that it will not be honored by the drawee is theft by deception under Kentucky law. [KRS 514.040(1)(e)] - "Theft by deception is a Class A misdemeanor unless the value of the property, service, or the amount of the check or sight order referred to in subsection (6) or (7) of this section is three hundred dollars ($300) or more, in which case it is a Class D felony".
Misdemeanor fine is up to $500 fine plus one year in penitentiary for a misdemeanor
Felony is punishable by imprisonment from one to five years and a fine of not more than $10,000, or double the offender's gain from commission of the crime, whichever is greater.
In Kentucky, there is no civil penalty, but the payee can sue for the amount of the check.