Forgery, bad checks, identity theft, fraud — these fall into a category the law calls white collar crimes. No violence, no weapons. For that reason, a lot of people charged with these offenses assume the legal system will treat them more leniently than it treats violent crimes. That’s usually a mistake.
White collar crime convictions carry the same lasting consequences as any other felony — a permanent record, potential prison time, and the kind of stigma that follows you into job applications, professional licensing, and background checks. In some cases, depending on how much money is involved, a forgery charge alone can reach a first-degree felony carrying up to 99 years in prison.
I’ve been defending clients against forgery and fraud-related charges in Collin County for years. These cases look different from violent crimes, but the process is the same: the State has to prove what they’re alleging, and I’m going to make them do that.
What “Forgery” Actually Means in Texas
Most people picture forgery as signing someone else’s name on a check. That’s one form of it — but under Texas Penal Code §32.21, “forge” covers a lot more ground than that. Understanding the full definition matters, because the charge often surprises people who didn’t think what they did qualified.
In Texas, to “forge” a document means any of the following:
- Altering, making, completing, executing, or authenticating a writing so that it purports to be something it isn’t — whether that means it was done by someone who didn’t authorize it, executed at a different time or place than it actually was, or is a “copy” of an original that never existed.
- Issuing, transferring, passing, or publishing a writing that has already been forged in one of those ways.
- Possessing a forged writing with the intent to use it.
That third one catches people off guard. You don’t have to actually use a forged document to be charged — possessing it with intent to pass it off as real is enough.
“Writing” under the statute is also broader than paper documents. It includes money, coins, tokens, stamps, credit cards, badges, trademarks, and any symbol of value, right, privilege, or identification.
Forgery Charge Levels in Texas
The penalty for forgery depends on two things: what type of document was involved, and whether the forgery was used to obtain property or services. These are two separate penalty tracks under §32.21, and which one applies to your case determines how serious the charge is.
Track 1 — Based on the type of document forged:
- State jail felony (up to 2 years, up to $10,000 fine) — the default level for any writing not covered by a higher category.
- Third degree felony (2–10 years, up to $10,000 fine) — if the writing is or purports to be a check, credit card, deed, deed of trust, mortgage, security instrument, contract, release, authorization to debit an account, or other commercial instrument.
- Second degree felony (2–20 years, up to $10,000 fine) — if the writing is or purports to be government-issued currency, postage or revenue stamps, securities, a government record, or stock or bonds issued by a government entity.
Track 2 — Based on the value obtained (when forgery is used to get property or services):
- Class B Misdemeanor — under $100
- Class A Misdemeanor — $100 to $749
- State jail felony — $750 to $2,499
- Third degree felony — $2,500 to $29,999
- Second degree felony — $30,000 to $149,999
- First degree felony — $150,000 or more
One more thing worth knowing: if the victim of the forgery is an elderly individual, the charge level bumps up one category automatically — regardless of which track applies.
Other White Collar Charges I Defend
Issuance of Bad Check (Theft by Check) — §32.41
Writing a check knowing you don’t have enough in your account to cover it is a criminal offense in Texas, not just a civil matter. The charge is typically a Class C Misdemeanor, punishable by fine only. But there’s a wrinkle that matters: the law creates a legal presumption that you knew the funds were insufficient if either (1) you had no account with the bank at the time you wrote the check, or (2) the check was refused for insufficient funds within 30 days of issuance and you failed to pay the holder in full within 10 days of receiving proper written notice of the refusal.
That notice requirement is specific — it has to meet the statutory standard to trigger the presumption. Whether you actually received proper notice, and whether the State can prove it, is often the center of the defense in these cases.
Fraudulent Use or Possession of Identifying Information — §32.51
Texas identity theft covers obtaining, possessing, transferring, or using someone else’s identifying information without their consent and with intent to harm or defraud. “Identifying information” is broad — it includes names and dates of birth, biometric data, account numbers, electronic identification numbers, social security numbers, and telecommunications access devices.
The charge is always a felony, and the severity scales with how many items of identifying information are involved:
- Under 5 items — State jail felony
- 5 to 9 items — Third degree felony
- 10 to 49 items — Second degree felony
- 50 or more items — First degree felony
If you possess three or more items of identifying information, the law presumes you had intent to harm or defraud — though that presumption can be challenged.
False Statement to Obtain Property or Credit — §32.32
Making a materially false or misleading written statement to obtain a loan, credit, property, or mortgage — or to provide a real property appraisal for compensation — is a criminal offense under §32.32. This charge comes up most often in mortgage fraud and loan application contexts. The penalty follows the same value-based scale as Track 2 above, from a Class C Misdemeanor for amounts under $100 up to a first-degree felony for $300,000 or more.
How I Defend White Collar Crime Cases in Collin County
The thread running through every charge in this category is intent. To convict you of forgery, identity theft, a bad check offense, or a false statement charge, the State has to prove you acted knowingly and intentionally — that you were trying to deceive or defraud someone, not that you made a mistake or didn’t know the full picture.
That’s where I start. Some of the specific things I look at in every fraud or forgery case:
- Did you actually know? For a bad check charge, the question is whether you had knowledge of insufficient funds — and whether the State can prove it without the legal presumption. For a false statement charge, the question is whether your statement was intentionally false or an honest mistake.
- Was the notice proper? Bad check charges often hinge on whether you received legally sufficient written notice before the 10-day payment window started running. A defective notice can undermine the State’s case entirely.
- Is the value calculation right? For charges that scale on dollar amounts, how the State calculates the value of what was allegedly obtained can be challenged. Under §32.03, amounts from multiple incidents can be aggregated into a single higher charge — that aggregation is something I look at carefully in every case.
- Is the identification accurate? Identity theft charges based on possession of multiple items require careful review of exactly what was possessed, whether consent existed, and whether the presumption of intent actually applies to the specific facts.
- Were your rights violated? Fraud investigations often involve searches, record seizures, and interviews before any charges are filed. If evidence was obtained improperly, I’ll move to exclude it.
If your charges also include allegations of — which sometimes comes alongside forgery when a forged document is used to obtain property — those carry their own penalty analysis. If you’re also facing a charge related to , that’s a separate offense under §32.47 that I defend alongside these. I’ll be straight with you about where things stand and what your options are. Reach out and we can talk through it.
Frequently Asked Questions About Forgery and Fraud Charges in Texas
Is forgery a felony in Texas?
It depends on what type of document was forged and whether the forgery was used to obtain something of value. Default forgery is a state jail felony. If the document was a check, deed, or other commercial instrument, it’s a third-degree felony. If government-issued currency or securities were involved, it’s a second-degree felony. And if the forgery was used to obtain property worth $150,000 or more, it can reach a first-degree felony carrying up to 99 years in prison.
Can I be charged with forgery even if I didn’t sign someone else’s name?
Yes. Texas law defines “forge” broadly. Altering an existing document, backdating it, creating a fake “copy” of an original that never existed, or even just possessing a forged document with the intent to use it — all of these qualify as forgery under §32.21. The signature misconception is the most common one I see.
What happens if I wrote a bad check in Texas?
Writing a check with insufficient funds is a Class C Misdemeanor — fine only, no jail time. But if you received proper written notice that the check was refused and didn’t pay the holder within 10 days, the law presumes you knew the funds were insufficient when you wrote it. Whether that notice was properly given is often the key issue. I handle bad check cases throughout Collin County — reach out and we can talk through your situation.
What’s the difference between forgery and identity theft in Texas?
Forgery under §32.21 is about falsifying or passing off fraudulent documents or writings. Identity theft under §32.51 is specifically about obtaining, possessing, or using someone else’s personal identifying information — like their social security number, date of birth, or account numbers — without consent and with intent to harm or defraud. The two can overlap (forging a document using someone else’s identity, for example), but they’re separate charges with different penalty structures.
Serving All of Collin County
I defend clients throughout Collin County, including:
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