Forgery Defense Attorney in San Antonio, Texas

Forgery is a crime in the state of Texas, punishable under Section 32.21 of the Texas Penal Code. It is defined as the act of making, altering, or using a false document or instrument with the intent to defraud or deceive. This can include things like counterfeiting money, forging a signature, or creating a fake document.

There are several different types of forgery that can be prosecuted under Texas law. These include:

1. Forgery of a financial instrument: This is the most common type of forgery, and it refers to the act of creating or altering a financial document with the intent to defraud. Examples include counterfeiting money, forging a check, or creating a fake credit card.

2. Forgery of a government document: It is illegal to create or alter a government document with the intent to deceive. This can include things like forging a driver's license, passport, or birth certificate.

3. Forgery of a writing by another: This refers to the act of forging someone else's signature or writing. This can include things like signing someone else's name on a contract or check.

In Texas, forgery is considered a "crime of moral turpitude," which means that it is viewed as particularly reprehensible by society. This can have serious consequences beyond just the criminal penalties, as it can impact a person's ability to find employment, obtain professional licenses, and even immigration status.

If you have been charged with forgery in Texas, it is important to seek the help of a qualified criminal defense attorney as soon as possible. An experienced attorney can help you navigate the legal process and protect your rights.

Definition of “Forge” in Texas

Texas law has a specific definition of what it means to “Forge” a document or writing.

Here is the full text of Texas Penal Code Section 32.21(a)(1):

(1)  "Forge" means:

(A)  to alter, make, complete, execute, or authenticate any writing so that it purports:

(i)  to be the act of another who did not authorize that act;

(ii)  to have been executed at a time or place or in a numbered sequence other than was in fact the case;  or

(iii)  to be a copy of an original when no such original existed;

(B)  to issue, transfer, register the transfer of, pass, publish, or otherwise utter a writing that is forged within the meaning of Paragraph (A);  or

(C)  to possess a writing that is forged within the meaning of Paragraph (A) with intent to utter it in a manner specified in Paragraph (B).

In other words, if the defendant intentionally creates or alters a document in a way that makes it appear to be genuine when it is not, or uses a fake document with the intent to defraud or deceive, they can be charged with forgery. This can include things like counterfeiting money, forging a signature, or creating a fake document.

In addition to making or altering a false document, Texas law also prohibits the act of "passing" a forged document. This means using or attempting to use a forged document in order to defraud or deceive. For example, if someone tries to use a fake driver's license to buy alcohol, they could be charged with forgery.

Finally, Texas law also prohibits the possession of forged documents with the intent to sell or distribute them. This means that simply having a forged document in your possession, with the intention of selling it or giving it to someone else, can be considered forgery.

It is important to note that in order to be charged with forgery under Texas Penal Code Section 32.21(a)(1), the prosecutor must be able to prove that the defendant had the specific intent to defraud or deceive. Simply making a mistake or accidentally using a false document is not sufficient to constitute forgery.