Check Fraud and Forgery Charges Explained

Check fraud and forgery are serious financial crimes in Texas, often charged as felonies with penalties that include steep fines and potential prison time. Whether it involves writing checks on a closed account, altering a check, or signing someone else's name without consent, these offenses are prosecuted under Texas Penal Code §§ 32.21 and 32.41. In this post, we explain what actions constitute check fraud and forgery, how these charges are proven in court, and what defenses may apply. If you’ve been accused and are searching for a knowledgeable attorney near you, understanding the charges is the first step toward protecting your rights and reputation.

Check Fraud and Forgery Charges Explained

Check fraud and forgery are serious offenses under Texas law, carrying significant legal consequences. Understanding the definitions, penalties, and potential defenses is crucial for anyone facing such charges.

Legal Definitions

Check Fraud

Under Texas Penal Code § 32.41, check fraud involves issuing or passing a check with the knowledge that there are insufficient funds in the account to cover it. The law presumes knowledge of insufficient funds if:LegalMatch+1Findlaw+1

The individual had no account with the bank at the time the check was issued.
The check was refused due to insufficient funds within 30 days of issuance, and the issuer failed to pay the holder within 10 days after receiving notice of the refusal. LegalMatch

Forgery

Texas Penal Code § 32.21 defines forgery as altering, making, completing, executing, or authenticating any writing with the intent to defraud or harm another. This includes:Fort Worth Law Firm+2LegalClarity+2Zendeh Del Law Firm+2

Signing another person's name without authorization.
Altering the amount or payee on a check.
Creating counterfeit checks. LegalClarity+1The Law Office of Greg Tsioros+1 Gonzalez Law Group+1Zendeh Del Law Firm+1

Penalties

Check Fraud

Penalties for check fraud vary based on the circumstances:Zendeh Del Law Firm+1The Law Office of Greg Tsioros+1

Class C Misdemeanor: Issuing a bad check; punishable by a fine up to $500.
Class B Misdemeanor: Issuing a bad check for child support; punishable by up to 180 days in jail and a fine up to $2,000. Findlaw LegalMatch

Forgery

Penalties for forgery depend on the nature of the forged document:Zendeh Del Law Firm+2Texas Criminal Defense Group+2LegalClarity+2

Class A Misdemeanor: General forgery offenses; punishable by up to one year in jail and a fine up to $4,000.
State Jail Felony: Forgery involving checks, credit cards, or similar financial instruments; punishable by 180 days to 2 years in a state jail and a fine up to $10,000.
Third-Degree Felony: Forgery involving government records or securities; punishable by 2 to 10 years in prison and a fine up to $10,000. Criminal Defense Lawyer

Common Examples

Writing a Check Without Funds: Issuing a check knowing there are insufficient funds in the account.
Altering a Check: Changing the amount or payee information on a legitimate check.
Creating Counterfeit Checks: Producing fake checks to resemble those from a legitimate bank.
Stealing and Using Checks: Taking someone else's checks and using them without authorization.LegalMatch LegalClarity

Legal Defenses

Lack of Intent: Demonstrating that there was no intention to defraud.
Mistaken Identity: Arguing that the accused was not the person who committed the offense.
Consent: Proving that the alleged victim had given permission for the action.
Insufficient Evidence: Challenging the prosecution's evidence as inadequate to support a conviction.

Conclusion

Facing check fraud or forgery charges in Texas can have serious implications. It's essential to understand the legal definitions, potential penalties, and available defenses.

If you or someone you know is facing check fraud or forgery charges, contact Walker Law Office at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to schedule a consultation and protect your rights.

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