Texas Forgery Laws: Checks, Prescriptions, Counterfeiting

Texas Forgery Laws: Checks, Prescriptions, Counterfeiting

Forgery laws in Texas aim to prevent and punish the unauthorized creation, alteration, or use of documents, money, stamps, labels, etc. There are many ways forgery can occur, but in general it involves deceitful production or modification of written instruments. Forgery is a serious crime that can lead to felony charges and jail time in Texas.

Check Forgery

One common type of forgery is check fraud, which involves illegally acquiring money through the unauthorized use of checks. Some examples of check forgery include:

• Stealing blank checks and filling them out
• Altering information like the payee or amount on legitimate checks
• Creating counterfeit checks using account numbers obtained illegally
• Signing someone else’s name on a check without permission

Under Texas law, check forgery can be prosecuted under the state’s general forgery statute (Penal Code 32.21) as well as the statute specifically dealing with stolen checks (Penal Code 32.24). Forgery under 32.21 is usually a Class A misdemeanor but becomes a state jail felony if the forged document is a check or credit card. The penalties for a state jail felony are 180 days to 2 years in jail and a fine up to $10,000. The stolen check statute makes it a Class A misdemeanor to steal an unsigned check, punishable by up to 1 year in jail and a $4,000 fine.

So in summary, signing someone else’s name on a check or altering a legitimate check are forgery crimes that can lead to jail time in Texas. And stealing blank checks out of the mail, from a checkbook, etc. and fraudulently filling them out is also illegal even if it doesn’t necessarily fit the definition of forgery.

Prescription Fraud

Prescription forgery involves the unauthorized creation or alteration of a prescription to illegally acquire prescription drugs. Some examples include:

• Stealing prescription pads and writing out fake prescriptions
• Altering an existing prescription to get more pills or refills
• Using someone else’s legitimate prescription to get drugs
• Calling in a prescription while impersonating a doctor

In Texas, prescription forgery falls under the state’s laws regarding the fraudulent acquisition of controlled substances. Depending on the type of drug involved, it can potentially be charged as anything from a misdemeanor to a first-degree felony. For instance, forging a prescription for a Schedule II controlled substance like OxyContin is a third-degree felony punishable by 2-10 years in prison and up to a $10,000 fine. Forging a prescription for a Schedule V drug, on the other hand, would likely just be a Class A misdemeanor.

Counterfeiting

Counterfeiting involves making fake versions of valuable documents, money, labels, etc. This includes making convincing reproductions as well as lower-quality fakes. Some examples of counterfeiting include:

• Printing fake currency
• Creating fake driver’s licenses or IDs
• Making knockoff luxury goods with brand logos
• Producing fake certificates, diplomas, tickets, etc.

In Texas, counterfeiting can be prosecuted under forgery laws, trademark laws, and other statutes depending on what exactly is counterfeited. For instance, trademark counterfeiting charges may apply to fake luxury goods, while forgery charges could cover counterfeit documents. Penalties vary based on the value of the counterfeit items but commonly include jail time and fines in the thousands of dollars.

Some key Texas laws related to counterfeiting include:

• Forgery of money, stamps, securities, government docs: 3rd degree felony
• Trademark counterfeiting: Up to 3rd degree felony based on value
• Counterfeiting driver’s license or ID: Class A misdemeanor

Defenses Against Forgery Charges

If you have been accused of forgery, working with an experienced criminal defense attorney is critical. A lawyer can evaluate the evidence against you and determine if you have any viable defenses. Some potential defenses in forgery cases include:

• Lack of intent – Forgery requires intent to defraud. You may be able to argue you lacked criminal intent.
• Misidentification – Mistaken identity is possible with forged signatures or documents.
• Authorized use – It’s not forgery if you had permission to sign or alter a document.
• Lack of evidence – The prosecution must prove you committed forgery beyond a reasonable doubt.

An attorney can also negotiate with the prosecutor for reduced charges or dismissal of charges if you were arrested for forgery. Don’t try to navigate forgery accusations in Texas alone. Hire an experienced criminal defense lawyer.

References

[1] Texas Penal Code Chapter 32 – Texas forgery, stolen check, and fraud statutes

[2] Prescription Drug Fraud Laws in Texas – Overview from a Texas law firm

[3] Texas Forgery Charges – Explanation of penalties from a Fort Worth attorney

[4] Check Fraud in Texas – Check forgery penalties explained by a Plano law firm

[5] Prescription Fraud Laws in Texas – Overview from a Pearland defense attorney