Forgery Defense

People often assume you have to actually gain something of value for conduct to count as forgery. In Texas that is not the case. You only have to intend to mislead someone. This is another offense with no misdemeanor version, so it is always a felony.

The firm has seen cases where someone forged a doctor's signature on a note to get out of work. That is forgery, and it is a felony. It is not worth a felony charge for an extra day off.

The Statute

Citation: Texas Penal Code §32.21

Degree and classification

• State jail felony base
• Third-degree felony for instruments such as wills, deeds, checks, or contracts
• Second-degree felony for government-issued instruments, money, or securities

Statutory language: To forge means altering, making, or completing a writing to falsely purport authorship, timing, or authenticity, or uttering or possessing such a writing with intent to utter it. A person commits an offense if they forge a writing with intent to defraud or harm another.

Past results do not guarantee or predict a similar outcome in any future case. Every case is decided on its own facts.