Forgery is a criminal offense in Texas that involves the creation, alteration, or use of a document or other written instrument 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: This involves the creation, alteration, or use of a check, promissory note, or other financial instrument with the intent to defraud another person.
- Forgery of a government document: This involves the creation, alteration, or use of a government document, such as a driver’s license, passport, or birth certificate, with the intent to deceive or defraud.
- Forgery of a commercial instrument: This involves the creation, alteration, or use of a document that represents a right or obligation, such as a stock certificate or bond, with the intent to deceive or defraud.
- Forgery of a writing: This involves the creation, alteration, or use of any type of written document, such as a contract or will, with the intent to deceive or defraud.
- Tampering with a government record: This involves altering or destroying a government record, such as a court order or official document, 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. The severity of the forgery charge depends on the type of document or instrument involved, as well as the amount of money or value involved. 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:
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less than $100, the offense is a a Class C misdemeanor, punishable by a fine up to $500.
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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.
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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.
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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.
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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.
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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.
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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.
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