What Counts as Forgery in Texas?

Forgery charges in Texas are more common than many people realize. Whether it’s signing someone else’s name on a check, altering a legal document, or using a fake ID, even seemingly minor actions can lead to criminal charges. Texas law takes forgery seriously, with penalties ranging from misdemeanors to felonies, depending on the circumstances.

If you’re facing a forgery accusation, understanding the law is crucial. What actually qualifies as forgery? How severe are the penalties? And what legal options do you have if you’re charged? This article breaks down everything you need to know about forgery in Texas, helping you stay informed and prepared.

What is Forgery in Texas?

Under Texas Penal Code §32.21, forgery is defined as altering, making, completing, executing, or authenticating any writing with the intent to defraud or harm another person. This includes:

• Creating a fake document
• Changing an existing document without authorization
• Signing another person’s name without their consent
• Using a forged document as if it were real

Forgery can involve various documents, such as:

• Checks and financial instruments
• Contracts and legal documents
• Government-issued documents like IDs and passports
• Tickets, wills, and medical prescriptions

Common Examples of Forgery in Texas

Forgery comes in many forms. Here are some of the most common cases seen in Texas courts:

1. Check Forgery

This occurs when someone writes a check under another person’s name, alters the details of a check, or cashes a stolen check.

2. Signing Someone Else’s Name

Forgery isn’t limited to financial fraud. If you sign someone else’s name on legal paperwork, contracts, or credit card receipts, it can be considered forgery.

3. Creating Fake Documents

Altering birth certificates, passports, or driver’s licenses falls under forgery. Even faking a doctor’s note can get someone into legal trouble.

4. Counterfeit Money and Fake IDs

Producing or using counterfeit currency is considered a serious form of forgery, often leading to felony charges. Fake IDs, particularly for buying alcohol or getting into clubs, can also lead to legal consequences.

Forgery Charges in Texas

The severity of a forgery charge depends on the type of document forged and who was affected by the crime. Texas categorizes forgery offenses based on their potential harm:

Class A Misdemeanor

• If the forged document does not involve money, securities, or government records, the offense is generally a Class A misdemeanor. This carries up to one year in jail and a fine of up to $4,000.

State Jail Felony 

• If the forgery involves a will, deed, mortgage, or check, the charge increases to a state jail felony. Punishment includes 180 days to 2 years in state jail and fines up to $10,000.

Third-Degree Felony

• If the forged document is paper money, government records, or securities, the crime is considered a third-degree felony, punishable by 2 to 10 years in prison and fines up to $10,000.

Enhanced Penalties for Elderly Victims If the forgery is committed against an individual 65 years or older, the charges automatically increase one level higher than they normally would be.

Even after serving jail time or paying fines, a forgery conviction can have long-lasting effects on your life, including:

• Criminal Record – A forgery conviction will appear on background checks, making it harder to find jobs, rent an apartment, or apply for loans.
• Loss of Professional Licenses – If you work in finance, law, or healthcare, a forgery conviction could end your career.
• Immigration Consequences – Non-citizens charged with forgery could face deportation or visa denial.
• Inability to Own a Firearm – Felony convictions in Texas can strip you of your right to own firearms.

Possible Defenses Against a Forgery Charge

Being accused of forgery does not automatically mean you will be convicted. A strong defense strategy can help reduce charges or even get the case dismissed. Some common defenses include:

1. Lack of Intent to Defraud

Forgery requires an intent to defraud. If you had no intention to deceive or harm someone, this could be used as a defense.

2. Mistaken Identity

In some cases, a person may be falsely accused of forgery. For example, someone else could have used their identity to commit the crime.

3. Lack of Evidence

If the prosecution cannot provide clear and convincing evidence that you committed forgery, the case may not hold up in court.

4. Consent Given by the Alleged Victim

If the individual whose name was signed gave consent, then there was no crime committed.

Arrested? Don’t Plea, Call Me!

Being accused of forgery in Texas is a serious matter that can impact your future, career, and reputation. Whether it’s a misunderstanding, a false accusation, or a case of mistaken identity, you deserve a strong defense. The legal system can be complex, but you don’t have to navigate it alone.

At Texas Criminal Defense Group, we have the experience and knowledge to fight for your rights and build the best possible defense strategy. If you or a loved one is facing forgery charges, don’t wait—contact us today for a free consultation. The sooner you act, the better your chances of protecting your freedom and future.