Often referred to as white collar crimes, forgery and other criminal offenses involving fraud can have serious, far-reaching consequences in Texas. Forgery and fraud-related criminal offenses usually involve deceit, manipulation, breach of trust, bad checks, or concealment, and they can result in a person being charged with anywhere from a Class C Misdemeanor all the way up to a 1st Degree Felony.
What is Forgery in Texas?
In Texas, a person generally commits forgery if the person alters, makes, completes, executes, or authenticates any writing so that it purports to be the act of another who did not authorize that act with the intent to defraud or harm another. People often wonder, is forgery a felony or misdemeanor? Typically forgery is charged as a Class A Misdemeanor, but there are several instances where the charge will be enhanced to a felony depending upon particular circumstances.
False Statement to Obtain Property or Credit
In Texas, a person makes a false statement to obtain property or credit if the person intentionally or knowingly makes a materially false or misleading written statement to obtain property or credit, including a mortgage loan, or in providing an appraisal of real property for compensation. Generally, the severity of the charge stemming from a person making a false statement to obtain property or credit depends upon the value of the property or the amount of credit fraudulently obtained.
Fraudulent Use or Possession of Identifying Information
In Texas, a person commits fraudulent use or possession of identifying information if the person, with the intent to harm or defraud another, obtains, possesses, transfers, or uses an item of identifying information of another person without the other person’s consent, information concerning a deceased natural person, or identifying information of a child younger than 18 years of age. This is offense is generally charges as a felony.
Theft by Check or “Issuance of Bad Check”
In Texas, a person commits issuance of a bad check, commonly known as theft by check, if the person issues or passes a check for the payment of money knowing that the issuer does not have sufficient funds in or on deposit with the bank for the payment in full of the check as well as all other checks outstanding at the time of issuance. Furthermore, to make the laws against writing bad checks in Texas even worse, the issuer’s knowledge of insufficient funds is automatically presumed if the person had no account with the bank at the time the check was issued or payment was refused by the bank for insufficient funds on presentation within 30 days after the check was issued and the person failed to pay the holder of the check in full within 10 days after receiving notice of the refusal.
Defending Forgery and Theft by Check in Texas
If you are under investigation for forgery or another fraud-related criminal offense, the State must prove that you knowingly and intentionally acted in such a way as to mislead or defraud another through your actions. Mark O’Bryan will aggressively defend you and ensure that your legal rights are protected.