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What Is Forgery Under Texas Law, And How Is It Punished?
John D.
Forgery under Texas law is a serious criminal offense that involves altering, creating, or using a false document with the intent to deceive or cause harm. It’s not just about signing someone else’s name. Texas law includes fake checks, altered contracts, counterfeit IDs, and even forged prescriptions under this crime.
If the goal is to trick someone and gain something, money, benefits, or legal advantages, it likely counts as forgery. And the penalties? They’re steep. Depending on the type of document and the circumstances, it can be charged as a misdemeanor or felony. This blog explains what qualifies as forgery, how Texas forgery penalties work, and what legal consequences follow.
What Counts As Forgery In Texas?
Under Texas Penal Code Section 32.21, forgery means making or changing a document with the intent to deceive or harm someone.
You don’t need to be the one who made the fake. If you present, use, or even try to use a forged item, that still counts.
Texas law treats all types of written lies seriously. The type of document involved can determine how serious the charge is.
Examples Of Forgery
Here are some clear signs of forgery under Texas law:
- Signing someone else’s name on a check
- Creating a fake ID or driver’s license
- Altering a contract without approval
- Faking medical excuses or receipts
- Writing fake prescriptions
- Changing the terms on a legal document like a will or lease
In every case, the goal must be to trick someone. If you didn’t mean to fool anyone, the case becomes harder to prove.
Types Of Forgery Offenses In Texas
Texas law separates forgery into different types. The charges depend on what was forged and how it was used.
One of the most common forms is forging general writings like a letter, invoice, or private agreement. This often leads to a misdemeanor charge, unless the forged item holds significant value.
Forgery involving financial documents like checks, credit slips, or bank notes is usually more serious. Even if the check is for a small amount, it may result in a felony.
Forging anything connected to the government, like a license, money, or court record, can lead to even tougher charges. The law sees these documents as high-risk targets for fraud.
Is Forgery A Felony Or A Misdemeanor In Texas?
Forgery can be a misdemeanor or felony, depending on the case. It mostly depends on the type of document and the harm it caused.
A Class A misdemeanor applies when you forge basic items like personal letters or receipts. If convicted, you can spend up to one year in county jail and pay fines up to $4,000.
When you forge a financial instrument like a check or money order, the charge usually rises to a state jail felony. This applies when the value is under $2,500. A conviction may bring 180 days to two years in a state jail facility and fines up to $10,000.
If the forged item is a government record, stock certificate, deed, or currency, the charge becomes a third-degree felony. That carries two to ten years in prison and fines up to $10,000.
In some cases, if the victim is 65 or older, the penalty can increase to the next higher category. Texas takes financial crimes against the elderly seriously.
Penalties For Forgery Under Texas Law
Texas forgery penalties are tough. Judges consider what was forged and who was affected by it. The higher the risk and impact, the harsher the punishment.
If you forged a simple document, you may face a year in jail. But if you faked a will, court document, or prescription, you could be looking at years behind bars.
A forgery charge on your record can affect your ability to get a job, rent a home, or apply for credit. It also makes it harder to regain trust, especially in any job that involves money or paperwork.
If you’re charged, don’t assume it’s just a minor issue. Even one mistake can change your future.
Related Offenses And Criminal Fraud In Texas
Forgery often appears with other crimes. Many people accused of forgery are also charged with criminal fraud in Texas.
Here are a few related charges:
- Credit card abuse
- Identity theft
- Tampering with a government record
- Insurance fraud
- Wire fraud
These crimes can lead to stacked penalties. You might face multiple felony charges for one scheme. That’s why it’s important to address a forgery case immediately.
Legal Defenses To Forgery Charges
Being charged with forgery doesn’t always mean you’ll be convicted. There are defenses available, depending on the details of your case.
One of the strongest defenses is lack of intent. If you didn’t mean to deceive anyone, it might not count as forgery. This often comes up when someone accidentally signs a document or uses incorrect information without realizing it.
Another defense is consent. If the person whose name was used gave permission, it’s not forgery.
You might also argue mistaken identity. Someone else may have committed the act, but you were blamed for it. In some cases, there may be no actual evidence that you intended to cause harm.
Every defense depends on facts, so it’s important to have someone review the case closely.
Long-Term Consequences Of A Forgery Conviction
A forgery conviction stays with you. Even after you serve jail time or pay fines, the damage continues.
It may become difficult to:
- Pass background checks
- Secure a job, especially in finance or government
- Apply for housing or loans
- Travel freely or renew certain licenses
- Get a green card or apply for U.S. citizenship (for non-citizens)
You also lose public trust. Employers, banks, and schools often avoid hiring or working with someone who has a fraud-related conviction.
When Should You Call A Lawyer?
If you’re facing forgery charges or under investigation, don’t wait. Time matters. A strong legal defense can reduce the charges or even result in their dismissal. You need someone who understands the system and can challenge the evidence against you. The sooner you act, the better your options will be.
Final Thoughts
Even small acts like using someone’s name without permission can lead to serious punishment under Texas law. Forgery charges can derail your career, your freedom, and your reputation. But you don’t have to face it alone. You have the right to a defense. Let L&L Law Group in Texas help you understand your options and take action. Call us now for a confidential case review. Your defense starts today.