CRIMINAL DEFENSE
Theft & Fraud
Texas Forgery Defense Attorney
Forgery cases are one of the most common types of fraud charge brought in the state of Texas. Most cases of forgery are felony offenses. This means that the accused is exposed to the risk of a felony conviction and possible prison time. We have successfully defended many people accused of forgery, and we can help you as well.
The Texas fraud statutes are contained in Chapter 32 of the Texas Penal Code. Section 32.21 defines the offense of forgery. The statute is broadly written to encompass as much fraudulent conduct as possible. The following is a summary of the forgery law in Texas.
Elements of the offense of forgery:
- A person commits the offense of forgery if the person forges a writing with the intent to harm or defraud another person.
- The term “forge” is broadly defined and includes altering, making, completing, executing, or authenticating a writing so that it appears to be the act of another person who did not authorize the act.
- “Forge” also includes issuing, transferring, passing, or uttering a forged writing, as well as possessing a forged writing.
- The term “writing” includes wills, deeds, mortgages, credit or debit cards, checks, contracts, currency, stamps, symbols of value or identification, and other methods of recording information.
The penalties for forgery may be determined by the type of instrument or writing used to commit the offense, or they may be determined by the amount of property or money a person attempts to obtain in the course of the fraud.
For example, forgery of a check is a state jail felony level offense that carries a possible punishment of up to two years in a state jail facility, but if that same check is used to attempt to fraudulently obtain $40,000 in property, then the offense may be charged as a third-degree felony offense carrying a possible punishment of up to 10 years in prison.
Commonly forged items and offense levels:
- State jail felony: checks, deeds, deeds of trust, mortgages, security instruments, wills, codicils, contracts, releases, and other commercial instruments.
- Third-degree felony: United States currency, postage stamps, stock certificates, state-issued driver’s licenses or ID cards, and motor vehicle titles.
Offense level by property value:
- Less than $100: Class C misdemeanor
- $100-$750: Class B misdemeanor
- $750-$2,500: Class A misdemeanor
- $2,500-$30,000: state jail felony
- $30,000-$150,000: third-degree felony
- $150,000-$300,000: second-degree felony
- $300,000 or more: first-degree felony
A forgery conviction, or even an arrest, can cause serious damage to your criminal history and make the prospect of finding decent employment extremely difficult. If you have had a criminal charge of forgery brought against you and you are not guilty of the accusation, then you should not plead guilty. You should fight to clear your name.
If you have been accused of forgery, then you need an attorney experienced in defending people charged with this type of offense. Our criminal defense attorney has handled all types of forgery cases. During his time as a state felony prosecutor, he saw how law enforcement investigates these cases. He can now use that valuable experience to your advantage and help you identify the weaknesses in the state’s case.
If you have been falsely accused of forgery or simply made a mistake and need help repairing the damage, our Texas forgery defense attorney at The Price Firm can help.
