Forgery in Texas Penal Code §32.21 — Charges and Defense
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The §32.21 framework
Forgery requires:
- The defendant forged a writing — altered, made, completed, executed, or authenticated
- So that the writing purported to be the act of another who didn't authorize it
- With intent to defraud or harm another
Penalty by instrument type:
- Class A misdemeanor: Standard forgery base
- State jail felony: Forgery of check, credit/debit card, contract, similar negotiable instruments
- Third-degree felony: Forgery of will, deed, mortgage, security agreement, government record, postage stamp, money
Aggregation: multiple forged instruments in single scheme can be aggregated for value purposes.
Common scenarios and defenses
Common scenarios:
- Signing another person's name on checks (most-prosecuted)
- Forging signatures on contracts, leases, deeds
- Creating fake identification documents
- Altering existing checks or instruments
- Fake prescriptions for controlled substances
- Counterfeit money
Defenses:
Authorization. Where the alleged victim authorized the signature or alteration, no forgery. Power of attorney, agency relationships, prior authorization can support this defense.
Lack of intent to defraud. Required intent element. Innocent practice signatures, art, satire don't qualify. Defense focuses on the actual purpose of the writing.
Identity issues. Establishing the defendant as the actual forger. Handwriting analysis, surveillance, witness identification all relevant.
Mistaken belief in authority. Where defendant believed they had authority to sign (employer, family member, business partner), intent may fail.
Texas Marijuana Charges by Weight
| Weight | Offense | Range |
|---|---|---|
| Under 2 oz | Class B misdemeanor | Up to 180 days + $2,000 |
| 2-4 oz | Class A misdemeanor | Up to 1 year + $4,000 |
| 4 oz - 5 lb | State jail felony | 180 days-2 years + $10K |
| 5-50 lb | 3rd degree felony | 2-10 years + $10K |
| 50-2,000 lb | 2nd degree felony | 2-20 years + $10K |
| 2,000+ lb | Enhanced 1st degree | 5-99 years/life + $50K |
| Hemp products with delta-9 THC ≤ 0.3% are legal under HB 1325 (2019) | ||
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
Can I sign my spouse's name on a check?
Only with authorization. Joint accounts allow either spouse to sign their own name. Signing the other spouse's name without authorization is forgery, even on joint accounts. Many forgery cases arise from divorces and family financial disputes.
What's the difference between forgery and fraud?
Forgery focuses on the document creation or alteration. Fraud is the broader concept of deception causing harm. Cases often charge both. Some fraud doesn't involve forgery (verbal misrepresentations); some forgery doesn't complete fraud (forged document not used).
How is forgery proved?
Handwriting analysis (expert testimony), surveillance video, witness testimony, computer forensics for electronic forgeries. Defense expert review of state's handwriting analysis often reveals weaknesses or alternative interpretations.
What about copying my own signature?
Copying your own signature isn't forgery — you have authority to sign your own name. Forgery requires the writing to "purport to be the act of another who did not authorize." Self-signing in unusual contexts (different style, different document) doesn't support forgery.
Can forgery be expunged?
Class A misdemeanor forgery: yes, after dismissal, acquittal, completed pretrial diversion, or completed deferred adjudication (sealing via nondisclosure). Felony forgery: limited expunction unless dismissal or acquittal; nondisclosure available only for state jail and third-degree under specific circumstances under Government Code §411.0728.
