Check forgery charges might not seem like a big deal, especially in comparison to a lot of charges you could face in Texas. Nobody got hurt, you are not looking at years upon years in prison – and certainly not a life sentence or the death penalty – and it hardly seems like its even worth it for the state to try very hard to prosecute such a relatively minor crime, right? Wrong. This is Texas, and as folks are fond of saying, “Everything’s big in Texas.” You could argue that the saying applies to criminal charges. Texas takes all crimes seriously, even crimes that are on the lower end of the spectrum, such as check forgery.
Check Forgery Can be a Felony
Being convicted of a felony is not a good thing, and check forgery is a felony at all but the lowest financial amounts. Being convicted of a felony in Texas will deprive you of a number of rights. Further, a felony conviction likely will interfere with many everyday things most people take for granted. Your immediate concern if you are convicted of check forgery, however, is what the penal system will do to you. As it turns out, for a crime that is initially “only” a state jail felony, that can turn into quite a lot.
At its most basic, check forgery – or any kind of forgery, for that matter – simply requires that you “alter, make, complete, execute, or authenticate” a writing that appears to be the act of another person who in fact did not authorize that writing and do so with the intent to defraud or harm another person. If you write a check in someone else’s name without permission, change a check, or in some other way use a check without authorization to defraud someone by obtaining a property or service, that is forgery.
The crime of check forgery can start out small in terms of both amount and punishment. However, the seriousness of the charges and penalties go up quickly:
- Check forgery is only a Class C misdemeanor if the value of the property or service is less than $100, a Class B misdemeanor if the value is at least $100 but less than $750, or a Class A misdemeanor if the value is $750 or more but less than $2,500. Penalties for these misdemeanors range from a fine of up to $500 up to a fine of up to $4,000 and up to a year in jail.
- Check forgery is a state jail felony if the property or service involved is $2,500 or more but less than $30,000, punishable by at least 108 days in jail but not more than two years, as well as a fine of up to $10,000. It is a third-degree felony if the value is at least $30,000 but less than $150,000, a second-degree felony if the value is at least $150,000 but less than $300,000, and a first-degree felony if the value is more than $300,000.
- Third-degree felonies are punishable by two to 10 years in prison, second-degree felonies by two to 20 years in prison, and first-degree felonies by five to 99 years in prison. All three also are punishable by fines of up to $10,000.
If You are Facing Check Forgery Charges in the Houston Area, You Should Consult With Madrid Law Firm
If you have been charged with check forgery in the Houston area, you need to talk to a good criminal defense attorney. The penalties for a conviction on forgery charges can get pretty steep, so you need a lawyer who can get you the lowest charge possible under the circumstances and then give you your best possible defense. You should talk to the Madrid Law Firm. We will defend your rights in court and work to obtain the best possible outcome for you.
