Forgery in Texas is a type of white-collar crime that is taken very seriously by law enforcement. Whether it’s creating fake documents, altering existing ones, or signing someone else’s name without consent, forgery undermines the integrity of the legal system and can have serious consequences for both the perpetrator and victim.
In this guide, we’ll delve into what constitutes forgery in Texas, the potential penalties one might face, and most importantly, how to report forgery in the Lone Star State. If someone has accused you of forgery, we will also discuss the steps you can take to defend yourself.
What is Considered Forgery in Texas?
Forgery is defined as knowingly making, altering, or signing a document with the intent to defraud or harm another person. In simpler terms, if someone creates or alters a document or object with the intention of deceiving others for personal gain or to cause harm, it falls under the umbrella of forgery in Texas.
To better understand what constitutes forgery in Texas, here are a few examples:
- Couterfeiting checks: Creating fake checks or altering existing ones and using them to deceive others for financial gain.
- Falsifying documents: This includes creating false identification cards, passports, or any other official document with the intent of deceiving others.
- Signing someone else’s name without consent: This can include forging signatures on contracts, wills, deeds, or any other legal document.
What are the Potential Penalties for Forgery in Texas?
The forgery penalties in Texas include potential jail time, fines, and a permanent criminal record. Depending on the severity of the offense and the value of the forged item or document, forgery can be classified as either a misdemeanor or a felony.
For example, forging a check or other financial instrument worth between $2,500 and $29,999. is considered a state jail felony, punishable by up to two years in jail and a fine of up to $10,000. However, if the value of the forged item exceeds $300,000, the offense can be elevated to a first-degree felony, carrying a prison sentence of up to 99 years and a fine of up to $10,000.
To give you a better glimpse of the potential penalties for forgery in Texas, here’s a breakdown based on the different categories of forgery offenses based on Section 33.21 of the Texas Penal Code:
- Class C Misdemeanor: Forgery involving items valued at less than $100 is a fine-only offense in Texas, with a penalty of up to $500.
- Class B Misdemeanor: If the forgery involves items worth more than $100 but less than $750, it’s considered a Class B misdemeanor, punishable by up to 180 days in jail and a maximum fine of $2,000.
- Class A Misdemeanor: Forging items worth between $750 and $2,499 is classified as a Class A misdemeanor, carrying a possible penalty of up to 1 year in jail and/or a fine of up to $4,000.
- State Jail Felony: Forgery involving items valued between $2,500 and $29,999. can result in a state jail felony, punishable by up to 2 years in state jail and fines up to $10,000.
- Third-Degree Felony: Forging items valued between $30,000 and $149,999 constitutes a third-degree felony, punishable by 2 to 10 years in prison and fines up to $10,000.
- Second-Degree Felony: Forgery of items valued between $150,000 and $299,999 is a second-degree felony, carrying a prison sentence of 2 to 20 years and fines up to $10,000.
- First-Degree Felony: Forgery involving items valued at $300,000 or more is a first-degree felony, punishable by 5 to 99 years in prison and fines up to $10,000.
How to Report Forgery in Texas: A Step-by-Step Guide
Reporting forgery in Texas is crucial in bringing the perpetrator to justice and protecting yourself from any further harm. However, it’s essential to follow the proper steps to ensure that your report is taken seriously and investigated thoroughly.
Here’s a step-by-step guide on how to report forgery in Texas:
Gather Evidence
Begin by collecting all relevant evidence related to the forgery. This includes any forged documents, copies, correspondence, or other materials that can support your case. The more evidence you have, the stronger your report will be.
Document Details
Take note of crucial details surrounding the forgery, such as the date, time, and location it occurred, as well as any individuals involved or witnesses present. The more specific your information, the easier it will be for authorities to investigate.
Seek Legal Advice
Consult with a qualified attorney who specializes in forgery cases or federal crimes. They can offer invaluable guidance on navigating the legal process, protecting your rights, and advocating for your interests.
Contact Law Enforcement
Reach out to your local law enforcement agency or the Texas Department of Public Safety to file a report. Provide them with comprehensive information about the forgery, including all the evidence you’ve gathered and any pertinent details you’ve documented.
File a Report
When reporting the forgery, be prepared to provide a detailed account of the incident to the authorities. Explain the circumstances surrounding the forgery, how it has affected you or others, and any suspicions you may have regarding the perpetrators.
Cooperate with the Investigation
After filing a report, cooperate fully with law enforcement during their investigation. Respond to any questions they may have, provide additional information or assistance as needed, and follow their instructions throughout the process.
How to Defend Against Forgery Charges in Texas
While being a victim of forgery can be a frustrating and stressful experience, being accused or charged with forgery in Texas can be equally daunting. However, there are legal defenses that you can use to fight against these charges and potentially have them reduced or dropped altogether.
Here are some potential defenses against forgery charges in Texas:
Hire an Experienced Attorney
The first step in defending against forgery charges is to hire an experienced federal crime attorney who specializes in forgery. They will be able to assess your case, advise you on your legal options, and represent you in court.
Gather Evidence
Your attorney will work with you to gather evidence that supports your defense. This may include alibis, witness statements, or expert testimony that can help prove your innocence.
Negotiate with Prosecutors
In some cases, it may be possible to negotiate with prosecutors to have the charges against you reduced or dropped altogether. Your attorney will handle these negotiations on your behalf to achieve the best possible outcome.
Prepare for Trial
If negotiations are unsuccessful, your case may proceed to trial. Your attorney will prepare a strong defense strategy and represent you in court to fight against the forgery charges.
Follow Legal Guidance
Throughout the legal process, it’s crucial to follow the guidance of your attorney and adhere to any court orders or requirements. Cooperation and honesty with your legal representation are key to building a successful defense.
Have You Been Accused of Forgery in Texas?
Due to forgery’s serious nature, being accused of it can have significant consequences. If you find yourself facing forgery charges in Texas, seek legal representation immediately. A skilled federal crimes attorney can help defend your rights and ensure the best possible outcome for your case.
At the Law Offices of Bill J. Stovall, we have years of experience handling federal crime cases, including forgery. From gathering evidence to protecting your rights in court, we’ll guide you throughout the legal process and fight for justice on your behalf.
Contact us today for a free consultation and let us help you navigate this challenging situation.
