Fraud and forgery charges can be more serious than they initially appear. What may seem like a dispute over money, the use of a credit card, or information in a government record can result in criminal charges with significant penalties under Texas law. A conviction can also have consequences that extend beyond the sentence imposed by the court.
At Granger & Mueller, we defend clients facing fraud, forgery, and related charges in Austin. In this article, we explain the penalties these offenses can carry and the consequences that are easy to overlook when a case begins.
Understanding Texas Fraud and Forgery Charges and Penalties
Fraud and forgery are commonly associated with white-collar crime, but those terms don't describe every charge involving financial deception or misuse of records. Texas has separate laws for credit card abuse, forgery, and tampering with governmental records, and the penalties can change based on the circumstances.
- Credit or debit card abuse: Texas Penal Code § 32.31 covers unauthorized and fraudulent uses of cards and card information. It's normally a state jail felony, punishable by 180 days to 2 years in state jail. If the victim is elderly, the charge becomes a third-degree felony, punishable by 2 to 10 years in prison.
- Forgery: Texas Penal Code § 32.21 covers forged writings made or used with intent to defraud or harm. It's generally a state jail felony, punishable by 180 days to 2 years in state jail. Forgery involving certain documents, such as a credit card or check, can increase the charge to a third-degree felony, punishable by 2 to 10 years. Certain government-related documents can result in a second-degree felony, punishable by 2 to 20 years.
- Tampering with a governmental record: Texas Penal Code § 37.10 covers actions such as knowingly altering a government record or using one known to be false. The offense can be a misdemeanor or felony depending on what happened and the record involved. A Class A misdemeanor is punishable by up to 1 year in jail, while more serious forms of the offense can result in felony prison sentences.
Consequences That Can Continue After the Criminal Case
Beyond the criminal sentence, a conviction can have other consequences:
- Professional licensing: A fraud or forgery conviction can affect licenses for real estate agents, accountants, and insurance professionals.
- Employment background checks: A conviction can appear on background checks and create problems for jobs involving money, financial accounts, or sensitive information.
- Immigration: Some fraud and forgery convictions are crimes involving moral turpitude, which can affect a non-U.S. citizen’s immigration status.
- Asset forfeiture: The government can seek forfeiture of money or property connected to certain criminal activity.
- Restitution: A judge can order repayment for losses suffered by victims.
The exact consequences depend on the charge and each person’s circumstances.
Facing Fraud or Forgery Charges in Austin?
If you’re facing a fraud or forgery charge, understanding the exact allegation early can help you make informed decisions before the case progresses. At Granger & Mueller, we can examine the records and other evidence behind the charge and explain what you’re facing.
Our attorneys defend clients throughout Austin, Texas. Send us a message or call 512-474-9999 to discuss your case.