What Actions May Constitute Document Forgery under Texas Law?
In Texas, it is illegal to alter, create, or sign a document so that it contains false information for the purpose of injuring or perpetrating a fraud on another person. Forging a document could include acts such as the following:
- Changing a document without permission, such as changing the true date on a document and replacing it with a false date
- Changing the amount of money to be paid on a check
- Creating a document that is completely fake, such as a fake birth certificate or Social Security card
- Simply possessing a fake or falsified document, e.g., a forged title to real property, with the intent of using it to defraud someone, e.g., a potential buyer or mortgage lender.
What Are the Legal Elements of Falsifying a Document in Texas?
The elements of forgery are as follows:
- Modifying, creating, completing, executing, or authenticating any written document in some way
- With the intent to perpetrate a fraud or inflict injury on another person.
Again, some of the acts that could be viewed as constituting the crime of forgery are the following:
- Creating a document whose contents are entirely fake
- Changing an existing document without authorization so that it contains false information
- Signing another person’s name to a document, e.g., a check, without their consent and then trying to cash it
- Presenting a forged or falsified document as if it were accurate and correct and not false.
Of course, the conduct must be done with the intent of perpetrating a fraud or inflicting injury on another person by use of the falsified document.
Among the kinds of documents that perpetrators forge are checks, contracts, passports, birth certificates, wills, social security cards and medical prescriptions. A Texas lawyer would be able to clearly explain the elements of the offense.
What Are the Criminal Penalties and Other Consequences for Falsifying Documents in Texas?
Forgery of a credit card, check, mortgage, a property deed or a last will and testament is a state jail felony criminal offense in Texas. A person convicted of felony forgery can be punished by a term of incarceration in a state jail for 180 days to 2 years and payment of a fine of up to $10,000.
Forging postage stamps, money, government records, e.g., birth certificates or driver’s licenses, or stock or bond certificates, means that the perpetrator can be convicted of third-degree felony forgery. A sentence of 2 to 10 years in a Texas state prison and/or payment of a maximum fine of $10,000 is possible.
If the perpetrator has forged or falsified documents that are not of a less significant type, they would likely be charged with Class A misdemeanor forgery. The possible sentence is a maximum term of 1 year in a Texas county jail and/or payment of a maximum fine of $4,000.
Per Texas law, the class of the crime with which a prosecutor charges a defendant depends on the kind of document involved in the crime. Also, the circumstances of the offense, e.g., whether the offense was perpetrated to inflict injury or perpetrate fraud on another person, are important factors considered by a prosecutor when charging the crime.
A Texas lawyer consultation would help a person understand the complexity involved in the crime of forgery and the sentencing possibilities for conviction of the crime.
If the victim of the forgery is a senior citizen, a court would impose a punishment at the more severe end of the sentencing continuum.
A defendant may be able to avoid incarceration and get sentenced to probation instead. A defendant sentenced to probation must usually do the following:
- Report to a probation officer on a regular schedule
- Submit to random drug and alcohol testing
- Perform a prescribed number of community service hours
- Avoid any new arrests or criminal charges
- Participate in a counseling or treatment program
- Pay court costs, fines, and restitution to a victim.
Revocation of their probation would result from a defendant’s failure to comply.
A perpetrator may forge a document as part of another crime, such as identity theft, tax evasion or other white collar crime. The perpetrator of identity theft, tax evasion or other crime who employs falsified or forged documents in their crime could be charged with both crimes, e.g., identity theft and forgery or tax evasion and forgery. Of course, this would increase the possible punishment.
If a contract document is forged or falsified, it is very likely to negatively affect the contract’s validity. Of course, a valid, legally enforceable contract is one to which all parties have agreed voluntarily. The parties must accept the specific terms of the agreement if a court is to find that it is binding on all of them.
A court may refuse to enforce a contract, if a party can prove that the contract was falsified or altered with the intent to defraud them. The contract would be rendered invalid or void in circumstances such as these.
A forgery conviction can have other negative consequences. The crime of forgery involves dishonesty, so it could negatively affect a person’s employment prospects. It could mean that they cannot get a professional license. It could affect a person’s immigration status.
What Are the Legal Defenses to a Document Forgery Charge in Texas?
The prosecution must prove the defendant’s guilt beyond a reasonable doubt of each element of forgery. So, one possible way to defeat the prosecution is to plant a doubt in jurors’ minds about the defendant’s guilt. For example, a defendant would want to create a doubt about whether the prosecution’s evidence is believable. This could equate to a reasonable doubt as to their guilt.
Another defense is to show that the defendant did not have any intent to defraud someone, because this intent must be proven to convict a defendant of forgery. The facts may allow a defendant to show that they did not intentionally or knowingly try to change a document or create a fake document.
Rather the defendant may have acted on the basis of a mistaken understanding about some aspect of a transaction. Or, the defendant may have some other plausible explanation for their actions that does not involve intentionally committing fraud.
If the defendant can claim this defense successfully, the charge may be changed to one that is less serious. It might even be dismissed. Or, a jury might find a defendant not guilty.
Another way to defeat a forgery charge is to claim that the defendant simply did not know about the forgery or falsification of the document. They may have possessed or presented a falsified document without knowing about the falsification it contained. For example, they may have received a check in a transaction that later turns out to be forged without knowing that fact.
A defendant who can prove that they were forced to falsify a document by someone who threatened to inflict harm of some sort on them can claim the defenses of duress or coercion.
In Texas, a person convicted of a crime may be able to clear a criminal record through expunction or sealing.
When Should I Contact a Texas Lawyer for Falsifying Document Charges?
If you have been charged with forgery, you should meet with a Texas criminal defense lawyer. Your lawyer can look at the facts of your case and identify any defenses that may work for you. You will get the best result in your case if you have a qualified criminal defense lawyer working on your behalf.
If you believe that you have been the victim of a forgery, e.g., in connection with a probate in which you have an interest, you want to talk to a Texas fraud lawyer. Your lawyer will be able to analyze the document or documents at issue and help you determine if forgery may have been committed. They would be able to advise you as to how to report the possible crime.
If you have been the victim of a forgery, you should speak with a Texas personal injury lawyer.
Your lawyer can evaluate the situation and advise you whether someone’s negligence was a factor in the forgery and whether filing a civil suit would allow you to recover damages to cover your losses.
