By Graham Norris

What started as a temporary solution to cover unexpected medical bills can quickly spiral into serious criminal charges. A single altered check or forged signature—something that seemed minor at the time—can land you in handcuffs and facing years in prison. In Texas, document and check fraud charges don’t discriminate between desperate parents trying to keep the lights on and seasoned criminals running elaborate schemes.

The Fort Worth area sees hundreds of these cases each year, and many involve ordinary people who never thought they’d find themselves on the wrong side of the law. The good news? Texas law recognizes different levels of intent and severity, and with proper legal representation, many of these situations can be resolved while protecting your future.

Types of Document and Check Fraud Under Texas Law

Texas Penal Code Chapter 32 covers several distinct types of document and check fraud, each carrying different penalties based on the specific circumstances and dollar amounts involved. Knowing these categories can help you grasp exactly what you might be facing.

• Forging signatures – This includes signing someone else’s name to checks, contracts, or other financial documents without permission. Even if you planned to “make it right” later, the unauthorized signature itself constitutes fraud under Texas law.
• Altering checks or financial documents – Changing amounts, dates, or payee information on existing checks or documents. This also covers “washing” checks to remove original ink and rewriting information.
• Creating fake documents – Manufacturing counterfeit checks, bank statements, or other financial paperwork. Texas prosecutors often pursue these cases aggressively, especially when professional-looking documents are involved.
• Writing checks with insufficient funds – Knowingly writing checks when your account lacks adequate funds to cover them. The key word is “knowingly”—prosecutors must prove you were aware of the insufficient balance.
• Possessing check-writing equipment or materials – In some cases, simply having the tools to create fraudulent documents can lead to charges, particularly if found alongside other evidence of fraudulent activity.

What to Do If You’re Under Investigation for Check Fraud

The first 48 hours after learning you’re under investigation can determine the outcome of your case. Many people unknowingly damage their defense by trying to explain themselves or fix the situation before consulting an attorney.

• Stop all communication with investigators immediately – Police officers and detectives are trained to gather evidence, not help you. Politely tell them you want to speak with an attorney before answering any questions, even if they seem friendly or claim they just need to “clear things up.”
• Preserve all financial records and communications – Gather bank statements, emails, text messages, contracts, and any other documents related to the transactions in question. Don’t organize or alter anything—just collect and secure everything in a safe place.
• Don’t make additional transactions or payments – Resist the urge to try “making things right” by depositing money, writing new checks, or making payments. These actions often create additional evidence that prosecutors use against you, even if your intentions are good.
• Stay silent about your case – Don’t discuss the investigation with family, friends, coworkers, or employers beyond what’s absolutely necessary. Conversations you think are private can become evidence, and well-meaning people often give advice that backfires legally.
• Document any contacts from law enforcement – Write down dates, times, and details of any calls or visits from investigators. This information helps your attorney assess how the case is developing and protect your rights.
• Contact a criminal defense attorney immediately – Time matters in these cases. Early intervention allows your attorney to potentially influence charging decisions, preserve favorable evidence, and begin building your defense before the prosecution solidifies their case.

Penalties and Prosecution for Check Fraud in Texas

Texas takes a graduated approach to document and check fraud penalties, with punishment escalating dramatically as dollar amounts increase. The state can pursue these cases aggressively, but learning the penalty structure helps you grasp what you’re truly facing.

Penalty Structure by Dollar Amount

The severity of charges depends heavily on the total value involved in your case. Less than $100 results in a Class C misdemeanor—essentially a traffic ticket with fines up to $500. But the penalties climb steeply from there. Cases involving $100 to $750 become Class B misdemeanors with potential jail time up to 180 days. When amounts reach $750 to $2,500, you’re looking at Class A misdemeanor charges with up to one year in county jail.

The stakes get serious once you cross into felony territory. State jail felonies apply to amounts between $2,500 and $30,000, carrying 180 days to two years in state jail facilities. Third-degree felonies ($30,000 to $150,000) can result in 2 to 10 years in prison. Second-degree felonies ($150,000 to $300,000) carry 2 to 20 years, while first-degree felonies for amounts over $300,000 can mean 5 to 99 years behind bars.

Enhanced Penalties

Certain circumstances can bump your charges to the next level regardless of dollar amounts. Crimes against elderly persons aged 65 or older face enhanced penalties under Texas law. Additionally, if you have prior fraud convictions, prosecutors may seek stiffer sentences even for smaller amounts.

Multiple related transactions often get combined into one case, meaning several smaller incidents can add up to felony-level charges. This aggregation rule catches many people off guard who thought their individual actions were minor.

State vs. Federal Prosecution

Most document and check fraud cases in the Fort Worth area stay at the state level, handled by local district attorneys. However, federal agencies step in when crimes cross state lines, involve federal programs like Medicare, or reach substantial dollar amounts—typically over $500,000. Federal cases carry different rules, longer potential sentences, and fewer opportunities for alternative resolutions.

According to recent fraud statistics, Texas ranked third nationally in 2024 for total fraud losses at $159.9 million in reported cases, with check fraud accounting for $400 million in losses nationwide through remote deposit capture schemes.

Building Your Defense Against Check Fraud Charges

The prosecution must prove you intended to deceive someone for financial gain. This intent requirement creates the foundation for most successful defenses in document and check fraud cases.

Honest mistakes don’t equal criminal fraud under Texas law. If you genuinely believed you had authorization to sign a document, or if accounting errors led to insufficient funds, these facts can form the core of your defense strategy.

Financial records and communications become crucial evidence in your favor. Bank statements, emails, text messages, and other documentation can demonstrate your legitimate belief that transactions were authorized or that funds were available.

Early intervention makes a significant difference in outcomes. Many people try to “fix” situations by making additional transactions or payments, but this often creates more evidence for prosecutors to use against you. The better approach involves immediately preserving all relevant financial records and avoiding any additional questionable transactions.

Defense strategies typically focus on demonstrating lack of criminal intent rather than denying the actions themselves. Your attorney might show that you reasonably believed you had permission to sign documents, or that bank errors caused bounced checks you thought would clear.

Alternative resolutions become possible when prosecutors recognize that criminal intent is questionable. These might include restitution agreements, deferred prosecution, or reduced charges that avoid felony convictions and protect your professional licenses.

The key insight that shapes successful defense strategies is this: many document and check fraud cases stem from poor financial decisions during desperate circumstances rather than calculated criminal schemes. Texas law provides multiple paths for resolving these situations when the defense can effectively demonstrate the true nature of what happened.

Take Control of Your Future Today

Document and check fraud charges don’t have to define your story. While these situations feel overwhelming, the right legal representation can make the difference between a life-altering conviction and a resolution that protects your future.

Norris Legal Group has handled over 3,600 cases with more than 400 dismissals and 60 client no-bills, proving that even serious charges can be successfully defended with the right strategy and advocacy. Founded on the principles of Dignity, Trust, and Fight, Norris Legal Group treats every client as a person deserving respect, not just another case number. Don’t let document or check fraud charges control your future—contact Norris Legal Group today for a confidential consultation and take the first step toward reclaiming your life.