Legal Question in Criminal Law in Texas

Here's some free information:

Sec. 32.21. FORGERY.

(b) A person commits an offense if he forges a writing with intent to defraud or harm another.

(c) Except as provided by Subsections (d), (e), and (e-1), an offense under this section is a Class A misdemeanor.

(d) An offense under this section is a state jail felony if the writing is or purports to be a will, codicil, deed, deed of trust, mortgage, security instrument, security agreement, credit card, check, authorization to debit an account at a financial institution, or similar sight order for payment of money, contract, release, or other commercial instrument.

(e) An offense under this section is a felony of the third degree if the writing is or purports to be:(1) part of an issue of money, securities, postage or revenue stamps; (2) a government record listed in Section 37.01(2)(C); or (3) other instruments issued by a state or national government or by a subdivision of either, or part of an issue of stock, bonds, or other instruments representing interests in or claims against another person.

(e-1) An offense under this section is increased to the next higher category of offense if it is shown on the trial of the offense that the offense was committed against an elderly individual as defined by Section 22.04.

Based on that, a forgery of a financial instrument charge starts out as a state jail felony offense (6 months to 2 years in state jail or up to 5 years of probation and a fine of up to $10,000) but could be a 3rd degree felony (2 to 10 years in prison or up to 10 years of probation and a fine of up to $10,000) that the offense was committed against a person 65 years or older.

Denton County has a reputation for being extremely tough on criminal defendants. Here's some free advice: you need a lawyer if you are charged with this offense. Good luck.

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