Forgery charges in Texas range from a Class A misdemeanor to a first-degree felony depending on the type of document forged, and the intent to defraud is the element that the defense most often targets first.
Forgery under Texas Penal Code §32.21 is committed when a person forges a writing with intent to defraud or harm another. The statute covers making, completing, altering, authenticating, issuing, transferring, publishing, or possessing a forged writing. What qualifies as a forged writing, what the state must prove about intent, and what charge level applies all depend on the type of document involved. Checks and commercial instruments sit at the lower end of the penalty range. Government-issued documents, currency, and securities carry the most severe penalties.
David Smith is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Brazoria County prosecutor. Forgery cases are built on documentary evidence, handwriting analysis, and the circumstances surrounding how a document came to be used. Intent to defraud is not always as clear as the police report suggests. Documents can be altered by others and unknowingly passed. Authority to sign can be disputed. The chain of possession of the document matters. He examines every factual and legal aspect of how the state intends to establish the elements of this charge. Contact our firm today for a free consultation.
A forgery conviction carries a permanent fraud-related record that follows you into every background check, professional license application, and financial transaction for the rest of your professional life. Because forgery is inherently a crime of deception, it is treated with particular seriousness by employers, licensing boards, and courts in subsequent proceedings. The reputational consequences can begin well before any conviction, which is why early legal intervention matters in these cases.
If you are under investigation or facing forgery charges in Houston, Harris County, or surrounding counties, contact David Smith Law Firm. Forgery cases are often built around a narrow set of documentary facts that look compelling on the surface and more complicated on close examination. Early legal involvement allows us to assess the state’s evidence, identify the contested elements, and develop a defense strategy before important options are foreclosed.
Forgery under Texas Penal Code §32.21 ranges from a Class A misdemeanor for most commercial instruments to a first-degree felony for forging currency, government-issued documents, or public records. Between those extremes, forging a will or codicil is a state jail felony, and forging certain financial instruments is a third-degree felony. The state must establish both that the document was forged and that the defendant acted with intent to defraud or harm. We examine the documentary evidence, any handwriting or forensic analysis the state relies on, and the circumstances surrounding the alleged forgery to identify where the state’s proof falls short.
Penalty: Ranges from Class A misdemeanor to first-degree felony depending on the type of document involved.
Passing a forged instrument is a separate offense under Texas Penal Code §32.21 that applies when a person presents a forged document to another person knowing it is forged. This charge can be filed independently of the underlying forgery, meaning a person who did not create the forged document can still face criminal liability for presenting it. The knowledge element is the most contestable aspect of these cases. We examine the circumstances under which the document was obtained, what the defendant knew or had reason to know about its authenticity, and whether the state’s evidence of knowledge can actually be established beyond a reasonable doubt.
Penalty: Ranges from Class A misdemeanor to first-degree felony depending on the type of instrument passed.
