Forgery refers to the unlawful creation or alteration of a document or legal instrument with the express intention of defrauding or harming another party. It is a serious criminal offense in Texas. If you are arrested for forgery, you could be charged with a felony. Show
In this post, our knowledgeable white collar defense lawyers explain some of the most important things that you need to know about forgery laws in Texas. Texas Forgery Laws: Understanding the BasicsUnder Texas law (Texas Penal Code§ 32.21). forgery is defined as the “altering, making, completing, executing, or authenticating” of a written document in order to achieve a fraudulent purpose. This is a relatively broad statute that covers a wide range of specific offenses. Indeed, a defendant could be charged with forgery for doing anything from replicating another person’s signature to creating a wholly false document to carry out some type of fraud. Notably, intent is a required element of this crime. The Penalties for Forgery in Texasln Texas, forgery can be charged as both a misdemeanor or a felony. The severity of the charges will always depend on the underlying facts of the case. One of the key factors is the nature of the document/legal instrument that was allegedly forged. When forgery involves cash, stocks, bonds, or any other government records/documents, it can be charged as a third-degree felony offense. In Texas, a third-degree felony forgery conviction carries a maximum punishment of up to ten years in prison. When forgery involves deeds, wills, checks, credit cards, contracts, or other financial instruments, it can be charged as a state jail felony offense. The maximum punishment for this type of felony is two years in the state jail. If the alleged forgery involved other documents, it may be charged as a Class A misdemeanor offense. While a forgery misdemeanor is a lesser charge, it is still a serious offense that could result in up to one year in the county jail. Defenses to Forgery ChargesThere are various defenses available in forgery cases. Whether any are applicable to your situation will depend on the specific facts. Some of the most common defenses to a forgery charge in Texas include:
Of course, Texas prosecutors always have the burden to prove charges beyond a reasonable doubt. If the state cannot meet this obligation, then the charges may be dismissed or you can be found not guilty in a trial before a jury or judge. If you are facing forgery charges, consulting with a knowledgeable attorney is highly recommended. Get Legal Help TodayAt Abrams Trial Law, our experienced criminal defense lawyers are prepared to review the charges against you and craft a personalized defense strategy to help protect your freedom and your future. If you or your loved one was arrested and charged with forgery or any other type of fraud, we can help. Contact Abrams Trial Law to request a free, confidential consultation today. The Forgery crime in the state of Texas gives police the right to arrest you if they believe you forged certain kinds of “writings,” including money, trademarks, identification or credit cards, with the intent to harm or defraud someone. Learn more detailed information about the Forgery offense below. Have you been charged with Forgery? Call criminal lawyer Paul Saputo at (888) 239-9305 to discuss legal representation.Forgery is classified in the Texas Penal Code under Title 7 “Offenses Against Property,” Chapter 32 “Fraud. What is the current Texas law about Forgery?The current Texas law is as follows:1
Writings are defined in the statute to include (include implies that this is not an exhaustive list):2
How can I be charged with Forgery?You can be charged with Forgery if the state’s attorneys believe that each of the elements of 32.21(b) as described in the section above have been met. What is the punishment for Forgery?A conviction for Forgery is punished by default as a Class A misdemeanor,3 with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year. “If the writing is or purports to be a will, codicil, deed, deed of trust, mortgage, security instrument, security agreement, credit card, check, authorization to debit an account at a financial institution, or similar sight order for payment of money, contract, release, or other commercial instrument” then a conviction for Forgery is punished as a State Jail Felony,4 with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to two years. If the writing is an issue of money or a government record then a conviction for Forgery is punished as a Felony of the Third Degree,5 with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years. If the offense is committed against an elderly person then a conviction for Forgery is punished as one the next higher category of the offense,6. Learn about the differences between grades of felonies and misdemeanors Legal References: 1 Texas Penal Code §32.21 2 Texas Penal Code §32.21(a)(2) 3 Texas Penal Code §32.21(c) 4 Texas Penal Code §32.21(d) 5 Texas Penal Code §32.21(e) 6 Texas Penal Code §32.21(e-1)  Recent Case Results
What does forgery of a financial instrument mean?Check/Money Order Forgery Forgery of a Financial Instrument occurs when a instrument such as a check or money order is altered, duplicated, or made so that it appears to be a copy of an original documents when no such document exist or the original document has been altered.
What is the punishment for forgery in Texas?A conviction for Forgery is punished by default as a Class A misdemeanor,3 with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.
What is the charge for falsifying documents in Texas?Falsifying information is a violation of the Texas Penal Code and Texas Education Code. TEXAS PENAL CODE: Section 37.10 – Tampering with Government Records: Class A Misdemeanor punishable by up to one year in jail, a fine of up to $4,000, or both jail time and a fine.
What is misappropriation of funds in Texas?A person commits an offense if he intentionally, knowingly, or recklessly misapplies property he holds as a fiduciary or property of a financial institution in a manner that involves substantial risk of loss to the owner of the property or to a person for whose benefit the property is held.
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Forgery of a financial instrument Texas Penal Code
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