Forgery involves the creation, alteration, or use of a with the intent to deceive or defraud another person. The most common types of forgery charges under the Texas Penal Code include:
- Forgery of a financial instrument: Creation, alteration, or use of a financial instrument with the intent to defraud another person.
- Forgery of a government document: Creation, alteration, or use of a government document with the intent to deceive or defraud. Such as a driver’s license, passport, or birth certificate.
- Forgery of a commercial instrument: Creation, alteration, or use of a document representing an obligation with the intent to defraud. Such as a stock certificate or bond.
- Forgery of a writing: Creation, alteration, or use of a written document with the intent to deceive or defraud. Such as a contract or will.
- Tampering with a government record: Altering or destroying a government record, such as a court order or official document. If done with the intent to defraud or harm another person.
In all cases of forgery, the key element is the intent to deceive or defraud another person. Forgery can be punished as a misdemeanor or felony, with penalties ranging from fines and probation to lengthy prison sentences.
Forgery of a Financial Instrument
Under Texas Penal Code §32.21, forgery of a financial instrument is a criminal offense that occurs when a person creates, alters, or possesses with the intent to defraud a financial instrument that is not genuine.
A financial instrument is defined broadly under Texas law and can include checks, money orders, promissory notes, or any other document used for financial transactions.
To be convicted of forgery of a financial instrument in Texas, the prosecutor must prove beyond a reasonable doubt that the defendant intentionally created, altered, or possessed a financial instrument with the intent to defraud or harm another person.
The offense is classified as a felony in Texas, with punishment depending on the value of the financial instrument involved in the offense.
If the value of the financial instrument is:
-
less than $100, the offense is a a Class C misdemeanor, punishable by a fine up to $500.
-
if the value of the property or service is more than $100, but less than $750, the offense is a Class B misdemeanor, punishable by up to 6 months in county jail, and a fine not to exceed $2,000.
-
if the value of the property or service is more than $750, but less than $2,500, the offense is a class A Misdemeanor punishable by up to 1 year in county jail, and a fine not to exceed $4,000.
-
if the value of the property or service is $2,500 or more but less than $30,000, the offense is a a state jail felony, punishable by 6 months to 2 years in state jail and a fine not to exceed $10,000.
-
if the value of the property or service is $30,000 or more but less than $150,000, the offense is a 3rd degree felony, punishable by 2 to 10 years in prison, and a fine not to exceed $10,000.
-
if the value of the property or service is $150,000 or more but less than $300,000, the offense is a 2nd degree felony, punishable by 2 to 20 years in prison, and a fine not to exceed $10,000.
-
if the value of the property or service is $300,000 or more, the offense is a 1st degree felony, punishable by 5 to 99 years or life in prison, and a fine not to exceed $10,000.
It is important to note that a conviction for forgery of a financial instrument can have serious consequences, including imprisonment, fines, and a criminal record that can impact employment, housing, and other important aspects of life.
Charged with a crime? Call for a FREE consultation!
281-684-3500
CLIENT REVIEWS OF LEGRANDE LAW
**HERE**
Top 40 under 40 in Criminal Defense | AVVO 10.0 | Martindale-Nolo | Lawyers.com | Justia