Forgery involves possessing, using, making, or altering a false document with the intent to commit fraud. Forgery may involve the creation of a false document or it may involve changing an authentic document.
Forgery is classified as a white-collar, or non-violent, crime. The most basic type of forgery involves the unauthorized use or reproduction of another individual’s signature.
In other words, a forgery typically involves one individual faking another individual’s signature for the purposes of gaining access to secured information, for example, personal records or a bank account. One commonly seen example of forgery is forging an individual’s signature on a blank check.
Forgery is a criminal offense that is classified as a felony in all fifty states as well as by the federal government. There are several elements of the crime of forgery that must be proven before an individual who is charged, or a defendant, can be found guilty, including:
- An individual must make, alter, use, or possess a false document: Forgery can be creating a false document from scratch, or altering an otherwise genuine document in a material way. The alteration is material if it affects a legal right;
- For example, a document like a will may be otherwise valid according to state law, but if someone other than the testator signs it, the will is a forgery;
- A forged signature misrepresents the identity of the individual whose will it is, which has significant legal consequences;
- The writing must have legal significance: Not just any false writing will be considered criminal forgery. Common examples of documents with legal significance include:
- contracts;
- passports;
- drivers licenses;
- deeds;
- receipts;
- checks;
- wills;
- certifications;
- professional licenses;
- prescriptions;
- historical papers; and
- Art;
- Legally significant means that a document affects an individual’s legal rights or obligations;
- Signing another individual’s name on a friendly letter would not be forgery because it is probably not legally significant;
- On the other hand, signing another individual’s name on a letter of recommendation for a job may be forgery because it may affect employment and that is legally significant;
- The writing must be false: The writing must have been created or changed in a way that makes it appear that the document represents something that it is not. The fundamental meaning of the document must have changed because of the forgery.
- There must have been intent to defraud: The defendant who committed the forgery must have done so with the specific intent to defraud or trick another individual or entity.
In the State of Texas, an individual will be charged with forgery when they forge a writing with the intent to harm or defraud another individual.
What Types of Documents Are Commonly Forged?
Examples of documents of legal significance that are commonly forged include, but are not limited to:
- Identification documents, such as drivers licenses or passports;
- Checks;
- Wills;
- Drug prescriptions;
- Deeds;
- Stock certificates;
- Contracts;
- Patents;
- Military documents;
- Historical documents; and
- Works of art and certificates of authentication.
What Does “Forge” Mean in the Texas Forgery Law?
The term forge, or creating a forgery under Texas forgery law refers to doing any of the following with a writing:
- Altering;
- Completing;
- Making;
- Executing;
- Authenticating;
- Issuing;
- Transferring;
- Publishing;
- Passing; or
- Registering.
What Does “Writing” Refer to?
Under Texas forgery laws, a writing may refer to:
- Money;
- Stamps;
- Tokens;
- Coins;
- Seals;
- Badges;
- Trademarks;
- Credit cards;
- Any other method of recorded information; or
- Symbols of:
- value;
- privilege;
- identification; or
- right.
Documents that may be forged or things that may be used during a forgery include:
It is important to note that not all writings meet the definition of forgery. In order to be forged, as discussed above, a writing must have legal significance and be false to serve as the basis for a charge of forgery.
A document does not necessarily have to be a legal document or a government-issued document to have legal significance. It must simply affect an individual’s legal obligation or right.
Because of this, a letter or recommendation or a doctor’s note may, in some cases, serve as the basis for a forgery charge.
What Punishment Will I Face If I Am Convicted for the First Time?
If an individual is charged with forgery in Texas for the first time, they will typically face a Class A misdemeanor charge. Under a Class A misdemeanor charge in Texas, a defendant may face:
- Less than one year in county jail;
- Up to a $4,000 criminal fine; or
- County jail time and a fine.
Can I Face a Harsher Sentence?
It is important to note that a defendant may also face a harsher sentence if certain circumstances are present. It is considered a felony in Texas if a defendant is found to have forged one of the following:
- Deed;
- Deed of trust;
- Will;
- Codicil;
- Mortgage;
- Security agreement;
- Credit card;
- Check; or
- Debit card.
A defendant in Texas may face the following for felony punishment:
- 180 days to two years in state jail;
- Up to a $10,000 criminal fine; or
- State jail time and a criminal fine.
It is important to note that, under Texas law, it is a third degree felony if the writing that was forged was:
- An issue of money;
- Revenue stamps;
- Government record; or
- Securities.
In Texas, third degree felonies are punishable by:
- Two to 10 years in state prison;
- Up to a $10,000 criminal fine; or
- A fine and prison time.
Are There Any Defenses to Forgery?
There are several potential defenses that may be available to a defendant charged with forgery, including:
- Lack of intent: The defendant must have had the intent to trick, deceive, or defraud the victim with the forged document;
- Intent is a key element to proving forgery, so, if this element is not proven, the defendant cannot be found guilty;
- Lack of capacity or knowledge: The defendant must have known that the document was forged to be guilty of forgery;
- Knowledge is the essential element needed to prove the defendant had the required intent;
- If the defendant did not know or did not have the mental capacity to know, they have a defense;
- Coercion: If the defendant was forced to commit forgery because they were threatened or one of their loved ones was threatened, they may present that as a defense; and
- Consent: A defendant may be able to use the defense of consent if they forged the document with the cooperation or consent of the alleged victim.
The majority of defenses to forgery involve the requirement element of intent to deceive or defraud. If the defendant did not have the specific intent required to commit forgery, this is a complete defense because it means the defendant did not have the mental state required to commit the crime.
Should I Contact a Lawyer About My Texas Forgery Case?
If you have been charged with forgery in the State of Texas, it is essential to consult with a Texas criminal lawyer. Your lawyer will review your case and determine if any of the defenses discussed above may be available to you.
As noted above, some forgery cases may result in felony convictions, which are very serious. A felony conviction may affect your ability to obtain employment, own firearms, and have visitation or custody of your children.
