Can I Be Charged with Forgery for Signing Husband's Checks with His Permission

My question involves criminal law for the state of: Texas

My husband I run a business on the land of the investor that helped get our business running. The investor and my husband had a checking account that either could sign checks for. I bought items for the business and wrote our paycheck a couple of times signing my husband's name. Of course only with his permission. The investor has come to dislike me because I wouldn't deal with his spoiled rotten son and they think they can press charges on me for forging my husband's name. We deposited money into this same account as the investor did and only wrote checks if we had enough of our own money in it to cover them. They are already paid for. My husband in no way supports this notion and would do whatever he needed to to stop it or defend me.

Any help is appreciated.

Thank you!!

To be clear here, the issue is not that the checks were authorized, that the money was spent for the business, or that the items purchased were properly conveyed to the business, and it's also not disputed that you were acting with permission. The sole issue is that you signed your husband's name to the checks pursuant to his instruction?

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Quoting Texas Penal Code, Sec. 32.21. Forgery.

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(a) For purposes of this section:

(1) "Forge" means:

(A) to alter, make, complete, execute, or authenticate any writing so that it purports:

(i) to be the act of another who did not authorize that act;

(ii) to have been executed at a time or place or in a numbered sequence other than was in fact the case; or

(iii) to be a copy of an original when no such original existed;

(B) to issue, transfer, register the transfer of, pass, publish, or otherwise utter a writing that is forged within the meaning of Paragraph (A); or

(C) to possess a writing that is forged within the meaning of Paragraph (A) with intent to utter it in a manner specified in Paragraph (B).

(2) "Writing" includes:

(A) printing or any other method of recording information;

(B) money, coins, tokens, stamps, seals, credit cards, badges, and trademarks; and

(C) symbols of value, right, privilege, or identification.

(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.

(f) A person is presumed to intend to defraud or harm another if the person acts with respect to two or more writings of the same type and if each writing is a government record listed in Section 37.01(2)(C).

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As there is no dispute that your actions were authorized, they cannot be said to be purported "to be the act of another who did not authorize that act".

Yes sir. The only issue is that I signed my husband's name on the checks. I got a "hate" text from the biz owners 20 yr old son last night that said I better watch what I say or I would be going to jail when they press charges on me for forgery. He stated it was a felony and called me a few choice names. And thank you so very much!

The subject matter of spousal privilege may be interesting to review for the OP. Even a handwriting expert may not make an iron clad case against the OP w/o the spouse complaining. Of course in this matter, the investor also may be able to at least press the point.

If approached by police or others, recline to discuss this issue w/o your attny.

Quote:

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Quoting davidmcbeth3

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The subject matter of spousal privilege may be interesting to review for the OP. Even a handwriting expert may not make an iron clad case against the OP w/o the spouse complaining. Of course in this matter, the investor also may be able to at least press the point.

If approached by police or others, recline to discuss this issue w/o your attny.

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Did you not read MKIA's post?