Around 450,000 people in the US face criminal charges for forgery every year (Associated Press). It's one of the more common forms of fraud. Offenders face steep penalties of up to 10 years jail time and fines of up to $25,000.

The crime affects many areas, including finance, real estate, contracts, checks, purchase orders, and the art market.

What is Forgery?

Common law forgery in Pennsylvania includes these essential elements:

1. Altering any writing without a person's authority
2. Presenting that writing as the act of another person who didn't authorize the act
3. Executing a false document at a time, place, or number sequence other than factual
4. Copying an original writing when an original didn't exist
5. Utter a writing knowingly forged

A “writing” includes numerous entities such as money, coins, stamps, credit cards, trademarks, etc.

The crime involves falsely making or altering a legal document with the specific intent to defraud. Generally, the forger seeks to access personal records or bank accounts. The most basic example is the unauthorized use or reproduction of someone's signature.

The crime may also involve creating fraudulent or fake documents. For example, uttering forgery takes place when someone tries to use a fake ID to buy alcohol.

Forgery vs. Identity Fraud

Forgery differs from identity theft because it focuses on creating or altering signatures or documents. Identity theft, however, is when someone steals personal information, such as name, social security number, or financial details.
Equally important, forgery may not always involve the theft of a person's complete identity. Instead, it focuses on replicating a signature. On the other hand, identity fraud consists of the theft of a person's identity, including personal details beyond the signature.

Three Types of Forgery

Forgeries generally take three forms:

1. Document Forgery: This involves the creation or alteration of documents such as contracts, wills, deeds, or financial instruments.
2. Art Forgery: Creating or altering artwork to deceive buyers or collectors. The goal is to deceive the buyer into thinking the artwork is an original by a specific artist.
3. Signature Forgery: The unauthorized imitation or alteration of signatures on documents, checks, or other instruments for fraudulent purposes

Methods Used by Forgers

Forgers employ various techniques to carry out their deceitful activities. Those tactics include handwriting replication, printing, or copying documents. They can also involve altering documents using chemical or digital methods.
In some cases, perpetrators use technologies like deep learning algorithms to mimic signatures or handwriting.
Common methods include:

• Free-Hand Simulation: Copying someone's handwriting without any aids. They study a signature and attempt to recreate it using handwriting.
• Trace-Over: Tracing someone's signature to make it look real.
• Blind Forgery: This is when forgers imitate a signature without ever seeing the real one. They attempt to mimic the style and characteristics of another's signature.
• Skilled Forgery: Some forgers use techniques that make it hard to tell the fake from the real thing. In this case, the forger uses advanced writing techniques and signature styles to replicate a signature.
• Electronic Forgery: Misuse of computer networks and the internet to defraud potential victims of identity theft.
• Cross-Site: A cross-site attack tricks users into using their credentials to invoke a state-changing activity. A Cross-Site Request Forgery (CSRF) attack can make unauthorized changes to a user's account, like transferring funds or changing email and password.

Misdemeanor Forgery Charges in Pennsylvania

As mentioned, penalties for forgery are severe. All states classify the act as a felony. However, Pennsylvania criminal law also includes a misdemeanor of the first-degree offense for forgery. Penalties can include jail time, fines, and restitution.

A first-degree misdemeanor covers offenses over $1,000. Punishment includes up to a five-year prison sentence and a maximum fine of $10,000.

Felony Forgery Charges in Pennsylvania

Felony charges in PA include second and third-degree offenses. A second-degree felony covers forged items such as postage, money, or security. You face a prison term of up to ten years, with up to a $25,000 fine.

A third-degree felony is forgeries involving wills, contracts, commercial instruments, or deeds. Penalties extend to a seven-year prison term or a maximum $10,000 fine.

Hire a Criminal Defense Lawyer When Facing Charges

Our criminal defense attorneys are in our Montgomery County law office in Norristown, PA. However, our criminal defense services extend to Bucks and Delaware County clients.

If you require a defense against charges, call our law offices. Our attorneys have the experience to get results.

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John S. Han serves as a trial and criminal defense attorney, representing clients facing investigation and prosecution by State and Federal Law Enforcement authorities throughout the Philadelphia metropolitan region, with a particular focus on Montgomery and Bucks Counties.

Felonies in PA: A Comprehensive Guide

A felony constitutes a serious criminal offense with potentially long-lasting consequences. Felonies in PA are classified into different levels, each with varying degrees of severity.

Per prisonpolicy.org, Pennsylvania has one of the highest incarceration rates internationally. Here are some of the more common questions relating to felony charges in Pennsylvania.

What Crimes are Felonies?

Felonies typically involve more serious offenses. Consequently, they're punishable by substantial fines and imprisonment for one year or more. The list is lengthy and includes numerous types of crimes:

• Murder
• Manslaughter
• Rape and Sexual Assault
• Robbery
• Aggravated Assault
• Burglary
• Kidnapping
• Arson
• Drug Trafficking and Distribution
• Grand Theft
• Identity Theft
• White-Collar Crimes
• Domestic Violence
• Hate Crimes
• Possession of Illegal Firearms

According to the Federal Bureau of Prisons, the majority of convicted felons in prison are there for drug crimes (44.4%), weapons and arson (12.4%), or sex offenses (12.4%).

If charged with a felony, a criminal lawyer can help determine the nature of your crime and potential penalty.

What are the levels of felony offenses in PA?

In Pennsylvania, crimes fall under three levels:

• Felony 1 (F1): The most severe offense resulting in up to 20 years of jail time and fines up to $25,000. Examples include rape, arson, murder, kidnapping, and some gun crimes.
• Felony 2 (F2): Considered less severe than F1 but still significant. You can still face up to 10 years in prison and up to $25,000 in fines. Common second-degree crimes include aggravated assault, property theft, statutory sexual assault, and burglary.
• Felony 3 (F3): The least severe, leading to up to 7 years in prison and up to $15,000 fines. Stalking, bribery, identity theft, perjury, and carrying a firearm without a license are examples.

How much stolen property constitutes felony charges?

If the value of the property taken is $2,000.00 or more, you face felony charges. In addition, if the offense involves a motor vehicle, boat, or airplane, the offense is a felony.

What makes a DUI a felony in PA?

Most Pennsylvania DUI offenses result in misdemeanor charges. However, cases involving serious injury or death will likely bring felony charges.

Additionally, as your blood alchohol content (BAC) increases, the penalties for DUI become more severe. For example, third offenses can result in felony charges. In addition, if you have two offenses with a BAC of .16 or higher, you face a felony conviction.

Regardless of level, with a third DUI, you will receive a felony charge.

Pennsylvania also has a 10-year “look back” period. So, a court will look to see if you have any DUI convictions within the last ten years.

Is drug possession a felony in PA?

Drug possession in Pennsylvania can be either a felony or a misdemeanor. It depends on the type and quantity of the controlled substance. For example, authorities often classify possession of a small amount of marijuana as a misdemeanor. However, possessing larger quantities of controlled substances may lead to criminal charges.

What is the difference between a felony and a misdemeanor?

The key differences come down to the severity of the offense and the potential penalties. For instance, felony offenses are more severe crimes. As a result, they generally result in imprisonment for over a year. Misdemeanors, on the other hand, are less severe and usually carry shorter sentences, if any.

With either, however, you should seek legal representation from a criminal lawyer. The criminal justice system and criminal laws are complex and demand support from an attorney.

Is hit and run a felony in PA?

You can face felony charges for a hit and run in Pennsylvania. That's especially true if the accident resulted in severe injury or death. Regardless, leaving the scene of an accident is a crime, and the severity of the charge depends on the circumstances.

Do first-time offenders go to jail in PA?

First-time offenders in Pennsylvania may or may not face prison sentences. It depends on the specific circumstances of the case, the level, and the judge's discretion. Pennsylvania has various sentencing options, including probation, fines, and intermediate punishment programs for eligible individuals.

Does Pennsylvania have a three-strike law?

Pennsylvania has two- and three-strikes laws. They mandate minimum terms of 10 and 25 years for certain second and third-time offenders. It applies to violent crimes such as:

• Third-degree murder
• Voluntary manslaughter
• Aggravated assault
• Sexual offenses
• Kidnapping
• Burglary

What happens after an indictment for a felony in PA?

After an indictment in a criminal case, the legal process continues with court proceedings. However, you will have the opportunity to defend yourself, either through negotiations or trial. So consulting with a felony lawyer or criminal defense attorney is essential. They can help you understand your indictment's specific implications and build a defense strategy.

Do felonies go away after 7 years?

Felonies do not automatically go away after a certain number of years. In Pennsylvania, for example, convictions generally remain on your criminal record permanently unless expunged.

Can you get a felony expunged?

In Pennsylvania, you can get some convictions expunged under specific circumstances. Typically, only non-conviction records or minor offenses are eligible for expungement.

Can you get a passport with a felony?

It may affect your ability to obtain a passport, but it does not automatically disqualify you. However, some countries may deny entry to individuals with certain felony convictions. Check the specific passport requirements and restrictions for your situation.

Montgomery County Criminal Lawyers

If you face felony charges, you should immediately talk with an experienced criminal defense lawyer. Our criminal lawyers represent clients in Montgomery County, PA and surrounding areas. They can provide counsel with a defense strategy to assist.

 

PA Trespassing Law – A Comprehensive Guide

You've undoubtedly seen a sign posted somewhere reading, "No Trespassing." Maybe you were hiking. Or perhaps you were walking down a street and noticed the sign on someone's property.

Worst still, you might have thought it was of little concern walking into an area designated as no trespassing. You likely weren't aware that trespassing can lead to criminal charges with jail sentences of a year or more. Or that you could face a suit for civil damages.

The last thing that crossed your mind is that you could need a criminal defense attorney to help defend you against a trespass charge.
Make no mistake. Trespassing in PA is serious business. As a property owner, the Commonwealth gives you the right to keep people off your property. And as someone entering a property, you should fully grasp the consequences.

What are Trespassing Laws in Pennsylvania?

Trespass refers to entering a private property without the owner's permission. That applies whether or not you enter the property intending to harm. Simply walking across a posted no-trespass area violates the law.

You can also be guilty of trespassing when you enter a property with permission but refuse to leave when asked to do so.
The reality is that trespassing is a complex legal issue. So much so that Pennsylvania statutes identify several offenses resulting in a criminal trespass charge.

PA Criminal Trespass

Criminal trespass is the most severe form, possibly resulting in a second or third-degree felony. To understand the severity, a second-degree felony can land you in jail for up to ten years. It can also cost you up to $25,000 in fines.

You can be charged with criminal trespassing if you knowingly gain entry by subterfuge (deception) into a building or occupied structure (third-degree felony). Second-degree charges relate to gaining entry by force or breaking into a building or occupied structure.

When facing felony charges, you'll want to contact a criminal defense lawyer near you. Our law firm has Bucks, Delaware, and Montgomery County, PA offices.

Simple Trespass in Pennsylvania

This occurs if you enter a property without permission with any of these intents:

• Threatening the property owner or occupant
• Starting a fire on the premises
• Defacing the premises

Simple trespass results in a summary offense. A summary offense is punishable with a $300 fine or 90-day jail time.

PA Defiant Trespass

Defiant trespassing in PA can lead to summary or misdemeanor charges. A person could face a first-degree misdemeanor charge for remaining on school grounds after being told to leave by a school, center, program official, employee or agent, or law enforcement officer.

Defiant trespass requires a notification against trespass by:

• Communication that they should not be trespassing;
• Posting of a trespass notice;
• Fencing or other enclosure; or
• Communication to leave the grounds.

The Purple Paint Law

Apart from the notifications mentioned, landowners can notify you of trespass by painting purple marks on trees or posts. The law took effect in 2020.

Markings must be readily visible and 100 feet or less apart. They must also be eight inches or longer vertical lines and an inch or more wide. Finally, the purple marks must be three to five feet from the ground.

PA Agricultural Trespass

A simple trespass can advance to an agricultural trespass on open or agricultural land. The owner must post a notice against trespass that's visible. Like defiant trespass, a fence or enclosure can signal a trespass notice.

Entering an agricultural property amid the owner's request not to enter or not leave defies a trespass order.

Punishment includes third-degree misdemeanor when posted. That translates to up to a year in prison and a minimum fine of $250. By refusing to leave when asked, the penalty jumps to a second-degree misdemeanor of up to two years in jail. Fines are between $500 and $5,000.

The offense is more severe when the property is an agricultural biosecurity area. If you injure an animal or plant in these areas, you face a misdemeanor of the first degree. That can result in a five-year jail sentence with a $10,000 fine.

How to Provide a Trespass Notice as a Property Owner

As you've likely gathered, PA trespassing law provides numerous ways to provide notice. Any fencing or enclosure offers a notice. As a property owner, you can also tell someone to stay off your property or ask them to leave once someone enters the property.

Signage also constitutes a trespass warning. PA trespassing laws have no stipulations on signage other than your posting is "in a manner prescribed by law or reasonably likely to come to the attention of intruders."

Additionally, you needn't include your name or signature. A simple sign for No Trespassing or Private Property serves notice.

Criminal Defenses Against Trespassing Charges

Contact a criminal defense lawyer if you face trespassing charges in Pennsylvania. They can consult with you and devise a defense strategy. These might include:

• Lack of Intent: This can be a defense if you didn't know you were trespassing or had no intention to do so.
• Consent: If you had permission to be on the property, that's a strong defense.
• Mistaken Identity: A property owner might have mistaken you for someone else. So, if you can prove you were somewhere else, it's a solid defense.

Talk with a Criminal Defense Lawyer at Our Law Firm

Our lawyers can help if you face criminal trespass charges in Bucks, Delaware, or Montgomery County, PA. They know PA trespassing laws and have the experience to craft an appropriate defense.

We have law offices in Doylestown, Norristown, and Wayne, PA. Get legal representation founded in results