Don’t Forge Documents in PA!
Apr 18th, 2007 | By Michael L. Saile, Jr., Esq. | Category: Blogs, Criminal & TrafficA Pennsylvania building contractor recently learned a hard lesson about the penalties for forgery. The contractor completed work on a contract to make repairs to a motel property. Upon completion of the work, the motel owner requested a certification of the work by the township zoning officer before he would make final payment to the contractor.
Apparently unknown to the motel owner and the contractor, such a certification of completion was not required by the township. However, in order to obtain final payment, the contractor created a certificate and forged the signature of the township zoning enforcement officer on it. The motel owner paid the contractor for the work completed.
When the zoning enforcement office learned of the issuance of the forged certificate in his name, he reported the event to law enforcement authorities, and the contractor was charged with the felony crime of forgery. He was found guilty and was sentenced to a short term of imprisonment. He appealed the case, claiming that his forgery was not so serious and that he should not have been sent to jail.
Forgery is a serious felony if the writing is or purports to be “money, securities, postage or revenue stamps, or other instruments issued by the government.” Forgery is a less serious felony if the writing is or purports to be “a will, deed, contract, release, commercial instrument, or other document evidencing, creating, transferring, altering, terminating or otherwise affecting legal relations.” Otherwise, forgery is a misdemeanor.
The contractor was charged with the most serious felony, on the notion that the forged zoning certificate was in the category of “other instruments issued by the government.” The Pennsylvania appellate court agreed with the contractor that his forgery was better categorized as a less serious felony, one “otherwise affecting legal relations.” The case was sent back to the trial court for re-sentencing.
Signing the name of another person to any document without clear permission is forgery. Even if the forgery does not cause another person harm or economic loss, forgery is a crime.
