Finding out you have been accused of forging a signature in Texas is genuinely frightening. Whether you signed someone else’s name on a check, a contract, or a routine document, the moment you learn law enforcement is investigating, your stomach drops. The penalties under Texas law are serious, and as of September 1, 2025, they got significantly worse. It is normal to feel scared, embarrassed, or overwhelmed. At McCarty-Larson, PLLC, we understand how high the stakes are. Our team defends forgery cases throughout Ellis County, Johnson County, Tarrant County, and Dallas County, and we walk clients through the new sentencing structure and the defenses that work in signature cases. This guide answers the question directly, explains the new 2025 penalty tiers under Texas Penal Code Section 32.21, and covers the defenses most often used in signature forgery cases.
When you choose McCarty-Larson, you are choosing a legal team that will stand by you every step of the way.
The Short Answer
Yes, forging a signature is a felony in Texas in nearly every case. Under amendments to Texas Penal Code Section 32.21 that took effect on September 1, 2025, the default penalty for forgery is a state jail felony. Forging a signature on a check, contract, will, deed, or mortgage is a third-degree felony. Forging a government document or financial instrument is a second-degree felony.
Is Forging a Signature a Felony in Texas?
Texas law treats forgery as a serious offense, and signing someone else’s name without authorization almost always qualifies. The law is found in Texas Penal Code Section 32.21, which defines forgery as making, altering, or using a writing with intent to defraud or harm another. A signature counts as a writing under the statute, and signing someone else’s name with the goal of deceiving anyone who relies on that signature is forgery.
The offense level depends entirely on what was being signed. For most signature scenarios, the answer is straightforward: yes, it is a felony. The September 1, 2025 amendments to Section 32.21 raised every penalty tier by at least one level, which means cases that used to be misdemeanors are now felonies, and cases that used to be felonies are now more serious felonies.
The September 2025 Penalty Increases
The Texas Legislature passed sweeping changes to Section 32.21 effective September 1, 2025. The changes affect every level of the offense, and they make Texas one of the harshest states in the country for forgery prosecution. If your case involves conduct after September 1, 2025, the new penalties apply. If your case involves conduct before that date, the legacy penalties from the 2017 amendments apply.
The New Default Penalty Under Section 32.21(c)
Before September 2025, the default forgery offense was a Class A misdemeanor. Under the new law, it is a state jail felony. State jail felonies carry 180 days to two years in state jail and a fine of up to $10,000. This change alone moves thousands of cases per year from misdemeanor court to felony court.
The Third-Degree Felony Tier Under Section 32.21(d)
Forgery involving certain commercial and legal writings is now a third-degree felony. This tier covers exactly the documents most signature forgery cases involve:
- Checks and other sight orders for payment of money
- Wills and codicils
- Deeds, deeds of trust, and mortgages
- Security instruments and security agreements
- Credit cards and authorizations to debit a financial account
- Contracts, releases, and other commercial instruments
Third-degree felonies carry two to ten years in prison and a fine of up to $10,000. Before September 2025, these same offenses were state jail felonies. The new law moves them up one full category.
The Second-Degree Felony Tier Under Section 32.21(e)
Forgery involving the most sensitive document types is now a second-degree felony. This tier covers:
- Money, securities, postage, or revenue stamps
- Government records as defined in Section 37.01(2)(C)
- Court records and other government-issued documents
Second-degree felonies carry two to twenty years in prison and a fine of up to $10,000. Before September 2025, these same offenses were third-degree felonies.
Value-Based Penalties Under Section 32.21(e-1)
If the forgery was committed to obtain property or services, the penalty depends on the value involved. The 2025 amendments adjusted these tiers as well. The new structure climbs from Class C misdemeanor at the lowest dollar values to first-degree felony when property or services valued at $300,000 or more are obtained. First-degree felonies carry five to 99 years or life in prison and a fine of up to $10,000.
The Elderly Victim Enhancement Under Section 32.21(e-2)
Section 32.21(e-2) adds an automatic one-level enhancement when the victim is 65 years of age or older. A state jail felony becomes a third-degree felony, a third-degree felony becomes a second-degree felony, and a second-degree felony becomes a first-degree felony. This enhancement catches many family signature cases involving elderly parents or grandparents and substantially raises the stakes.
Three Common Signature Forgery Scenarios
Most signature forgery cases fall into one of three patterns. The penalty in each case depends on what document was involved and whether anything was actually obtained as a result of the forgery.
Scenario 1: Signing Someone Else’s Name on a Check
Check forgery is the most common signature case in Texas. Signing another person’s name on a check to cash it, deposit it, or pay a debt is now a third-degree felony under Section 32.21(d). The offense level does not change based on the dollar amount of the check itself in this category, although a value-based enhancement under 32.21(e-1) can apply if the check was used to obtain property or services.
Common scenarios that escalate quickly include signing a spouse’s name on a tax refund check, endorsing a parent’s Social Security check after the parent has died, or cashing a payroll check belonging to a roommate or family member. Every one of these is now a third-degree felony.
Scenario 2: Signing a Contract or Legal Document
Signing another person’s name on a contract, lease, loan application, vehicle title, or any similar legal instrument is a third-degree felony under Section 32.21(d). The signature does not have to be successful, complete a transaction, or cause actual financial loss. The offense is complete the moment the person signs with intent to defraud.
This category catches many cases that the person involved did not realize were felonies. Examples include signing a parent’s name on a school enrollment form to bypass custody requirements, signing a co-signer’s name on a loan application without permission, or signing a former spouse’s name on a vehicle title transfer.
Scenario 3: Signing With Claimed Implicit Authority
This is the most legally complex category and the one where defenses are most often successful. The person signed someone else’s name believing they had authority to do so. They may have signed a spouse’s name on a routine household document the spouse always handles, signed a parent’s name on a Medicare form during a medical emergency, or signed a business partner’s name on a check the partner had previously authorized.
The legal question in these cases is whether the person had express or implied authority. If consent existed, no forgery occurred. The defense often turns on prior course of dealing, verbal authorization, or written power of attorney. These cases are highly fact-specific and frequently get reduced or dismissed when handled correctly. For broader context on the defense process, see our overview of the legal definition of forgery in Texas.
What If My Signature Was Forged? Pressing Charges as a Victim
If you discovered that someone forged your signature, you have several paths forward. Report the incident to local law enforcement, file a report with your bank if a financial document was involved, and contact the Texas Attorney General’s office if the forgery involved identity theft. Document everything in writing as soon as possible, including dates, the documents involved, and any communications with the person you suspect.
You can also bring a civil claim against the person who forged your signature for damages caused by the forgery. Civil claims are separate from any criminal prosecution and can recover financial losses even if the criminal case results in a plea or reduced charge. Speak with a civil attorney for the civil claim. The criminal prosecution itself is handled by the state and the local district attorney.
Defenses to a Texas Signature Forgery Charge
Forgery cases turn on intent and authority more often than any other factor. The prosecution has to prove both that the person signed the writing and that they did so with intent to defraud or harm another. Because forgery overlaps heavily with Texas fraud charges, prosecutors often stack both, and the defense has to account for each. Several defenses regularly succeed in signature cases.
Lack of Intent to Defraud
Forgery requires specific intent to defraud or harm another person. If the signature was made in good faith, by mistake, or without any intent to deceive anyone, the prosecution cannot meet its burden. Mistakes and misunderstandings happen, and not every signed name without authorization is a crime.
Consent or Authorization
If the person whose name was signed authorized the signature, no forgery occurred. Authorization can be express, such as a written power of attorney, or implied by a prior course of dealing. Many family signature cases turn on whether one spouse routinely signed for the other, whether a parent regularly authorized an adult child to sign on their behalf, or whether a business partner had given verbal authority.
Mistaken Identity
Forgery prosecutions sometimes name the wrong person. Surveillance video, handwriting analysis, and witness testimony all can be challenged. If the prosecution cannot prove that the defendant is the person who actually signed the writing, the case fails.
Good Faith Belief in Authority
Even if the person did not actually have authority to sign, a good-faith belief that they did can defeat the intent element. If the defendant reasonably believed the person whose name they signed had authorized them, the required mental state for forgery is missing.
For an in-depth look at how forgery cases unfold in court, see our post on what to expect during a forgery trial in Texas.
Collateral Consequences Beyond the Sentence
Even a single forgery conviction can affect your life long after the case closes. Forgery is classified as a crime of moral turpitude in Texas, which triggers consequences that extend well past any prison time or fine.
Professional license boards routinely deny or revoke licenses based on forgery convictions. This includes nursing, real estate, insurance, and any field requiring state licensure. Background checks for employment will surface the conviction for years. Non-citizens face potential deportation or denial of immigration benefits. Felony convictions also remove the right to own firearms in Texas. For more on how convictions appear on employment background checks, see our post on will I pass a background check with a misdemeanor in Texas.
How McCarty-Larson Can Help
Forgery cases require both legal precision and a careful understanding of how Texas courts have started applying the new 2025 penalty structure. Robin McCarty and Bria Larson have over 50 years of combined experience handling Texas criminal defense cases, including white-collar and forgery prosecutions, and our team builds defenses tailored to the specific document and signature involved.
- We analyze the signature evidence including handwriting analysis, surveillance, and electronic logs
- We investigate consent and authorization defenses, including prior course of dealing and verbal authority
- We negotiate with prosecutors to reduce felony charges to misdemeanors where the facts support it
- We work to keep convictions off your record through deferred adjudication or pretrial diversion
- We protect professional license holders from career-ending convictions
- We serve clients across Ellis County, Johnson County, Tarrant County, and Dallas County
Get Help With a Texas Signature Forgery Charge
If you have been accused of forging a signature in Texas, the new 2025 penalty structure means the stakes are higher than ever. Acting fast and quietly is the best way to protect your record and your future. Contact McCarty-Larson today at (972) 775-2100 for a free, confidential consultation. Our Texas forgery attorneys are ready to stand by you every step of the way.
Frequently Asked Questions
Does it count as forgery if my spouse signed my name?
Only if you did not authorize it. When you give express or implied permission for your spouse to sign on your behalf, no forgery occurs. If your spouse signs without your authorization and with intent to defraud or harm someone, the law treats it as forgery, the same as it would for anyone else.
What is the difference between misdemeanor and felony forgery in Texas?
The document and the dollar amount decide it. Since the September 2025 amendments, the default forgery offense is a state jail felony, and most cases involving checks, contracts, or legal documents are third-degree felonies. Only very low-value cases under the value-based tier in Section 32.21(e-1) still fall in Class C or Class B misdemeanor territory.