San Antonio Forgery Defense Attorney

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 San Antonio forgery attorney at Thornton Criminal Defense 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:
   1. to alter, make, complete, execute, or authenticate any writing so that it purports:
      1. to be the act of another who did not authorize that act;
      2. to have been executed at a time or place or in a numbered sequence other than was in fact the case; or
      3. to be a copy of an original when no such original existed;
   2. to issue, transfer, register the transfer of, pass, publish, or otherwise utter a writing that is forged within the meaning of Paragraph (A); or
   3. 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.

Defenses to Forgery in Texas

If you have been charged with forgery in the state of Texas, it is important to understand the defenses that may be available to you. While the specific defenses available will depend on the circumstances of your case, there are several common defenses that are often raised in forgery cases.

Lack of intent: To be convicted of forgery in Texas, the prosecutor must be able to prove that the defendant had the specific intent to defraud or deceive. If the defendant did not intend to mislead or benefit from the deception, they cannot be found guilty of forgery.

Lack of knowledge: In order to be found guilty of forgery, the defendant must have known that the document was forged. If the defendant was unaware that the document was fake, they cannot be convicted of forgery.

Mistake: If the defendant made a mistake when signing or creating a document, but did not have the intent to defraud or deceive, they may be able to use that mistake as a defense. For example, if a person accidentally wrote the wrong amount on a check, they would not be guilty of forgery.

Entrapment: If the defendant was induced or persuaded by law enforcement to commit the forgery, they may be able to use entrapment as a defense. This means that the forgery would not have been committed but for the actions of the police.

It is important to note that these are just a few of the potential defenses to forgery in Texas. The specific defenses available in your case will depend on the facts and circumstances involved. If you have been charged with forgery, it is essential to speak with a qualified San Antonio forgery defense lawyer to determine the best defense strategy for your case.

Punishment for Forgery in Texas

Forgery in the state of Texas, punishable by a range of criminal penalties. The specific punishment for forgery will depend on the value of the document or instrument involved, as well as the specific circumstances of the case.

In Texas, forgery is punishable under the state’s “value ladder,” which is a system that assigns different levels of punishment based on the value of the document or instrument involved. The value ladder only applies when it is shown at trial that the accused actually attempted to obtain or attempt to obtain a property or service is as follows:

• Class C misdemeanor: If the value of the document or instrument is less than $100, forgery is punishable as a Class C misdemeanor. This carries a penalty of a fine of up to $500.
• Class B misdemeanor: If the value of the document or instrument is greater than $100 but less than $750, forgery is punishable as a Class B misdemeanor. This carries a penalty of up to 180 days in jail, and a fine of up to $2,000.
• Class A misdemeanor: If the value of the document or instrument is greater than $750 but less than $2,500, forgery is punishable as a Class A misdemeanor. This carries a penalty of up to 1 year in jail, and a
• State jail felony: If the value of the document or instrument is greater than $2,500 but less than $30,000, forgery is punishable as a state jail felony. This carries a penalty of 180 days to 2 years in state jail, and a fine of up to $10,000.
• Third degree felony: If the value of the document or instrument is greater than $30,000 or more but less than $150,000, forgery is punishable as a third-degree felony. This carries a penalty of 2 to 10 years in prison, and a fine of up to $10,000.
• Second degree felony: If the value of the document or instrument is greater than $150,000 or more but less than $300,000, forgery is punishable as a second-degree felony. This carries a penalty of 2 to 20 years in prison, and a fine of up to $10,000.
• First Degree felony: If the value of the document or instrument is greater than $300,000, forgery is punishable as a first-degree felony. This carries a penalty of 5 to 99 years or life in prison, and a fine of up to $10,000.

Again, the above punishment ranges apply only if the accused actually attempted to obtain or attempt to obtain a property or service with the forged documents.

Possession Punishments

Texas Penal Code Section 32.21(d)

If the accused only “possessed” the document, the punishment is a Class A misdemeanor if the type of document listed Under Texas Penal Code Section 32.21(d).

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

(d) Subject to Subsection (e-1), an offense under this section is a state jail felony if the writing is or purports to be a will, codicil, deed, deed of trust, mortgage, security instrument, security agreement, credit card, check, authorization to debit an account at a financial institution, or similar sight order for payment of money, contract, release, or other commercial instrument.

Some examples of the types of documents that can be forged under this provision of the law include:

Contracts: It is illegal to forge someone else’s signature on a contract, or to alter the terms of a contract in a way that is intended to deceive or defraud.

Checks: Forging someone else’s signature on a check, or altering the amount or payee on a check, can be considered forgery.

Legal documents: Altering or forging a legal document, such as a will or deed, can be considered forgery.

Business documents: Forging a business document, such as an invoice or purchase order, with the intent to deceive or defraud, can be considered forgery.

Texas Penal Code Section 32.21(e)

If the accused only “possessed” a type of document listed Under Texas Penal Code Section 32.21(d), the punishment that of a third-degree felony

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

Subject to Subsection (e-1), an offense under this section is a felony of the third degree if the writing is or purports to be:

1. part of an issue of money, securities, postage or revenue stamps;
2. a government record listed in Section 37.01(2)(C); or
3. other instruments issued by a state or national government or by a subdivision of either, or part of an issue of stock, bonds, or other instruments representing interests in or claims against another person.

Some examples of the types of documents that can be forged under this provision of the law include:

• Driver’s licenses: It is illegal to forge a driver’s license, or to alter a driver’s license in a way that is intended to deceive or defraud.
• Passports: It is illegal to forge a passport, or to alter a passport in a way that is intended to deceive or defraud.
• Birth certificates: It is illegal to forge a birth certificate, or to alter a birth certificate in a way that is intended to deceive or defraud.
• Government ID cards: It is illegal to forge a government ID card, such as a military ID or a federal employee ID, or to alter such a card in a way that is intended to deceive or defraud.
• Government documents: It is also illegal to forge other types of government documents, such as court orders, with the intent to deceive or defraud.
• Government issued financial documents: It is illegal to forge money, securities, postage or revenue stamps.

It is important to note that these are the maximum penalties for forgery in Texas. The actual sentence a person will receive will depend on a variety of factors, including their criminal history and the specifics of the case.

In addition to these criminal penalties, a conviction for forgery can also have other consequences. Forgery is considered a “crime of moral turpitude,” which means that it is viewed as particularly reprehensible by society. This can impact a person’s ability to find employment, obtain professional licenses, and even immigration status.

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

Schedule a Free Consultation with our San Antonio Forgery Defense Lawyer, Brad Thornton

If you have been arrested for forgery in San Antonio or South Texas, it is essential to seek the help of our San Antonio forgery defense attorney as soon as possible. Board certified criminal defense attorney, Brad Thornton, is an experienced lawyer who can provide the skilled legal representation you need to protect your rights and fight the charges against you.

There are several reasons why you should consider calling Brad Thornton for a free consultation if you have been arrested for forgery:

1. Experience: Brad Thornton is a board certified criminal defense attorney who has been practicing law for over a decade. He has a wealth of experience in forgery cases and other criminal matters, and knows how to effectively defend against these types of charges.
2. Former prosecutor: Brad Thornton is also a former chief prosecutor. This means he has a unique perspective on how the other side thinks and how they build their cases. This can be a valuable asset in your defense.
3. Knowledge of the law: Brad Thornton is well-versed in the laws related to forgery and other criminal offenses in Texas. He can use his knowledge of the law to develop a strong defense strategy on your behalf.
4. Reputation: Brad Thornton has a reputation as a skilled and dedicated criminal lawyer. He has earned the respect of his peers and clients alike, and is known as a skilled trial attorney.

If you have been arrested for forgery in San Antonio or South Texas, it is important to speak with an experienced forgery defense lawyer as soon as possible. Contact Brad Thornton today for a free consultation to discuss your case and learn more about your legal options.