Q: I was charged with forgery in 2001. I used someone's credit card in PA spent 500.00 returned all merchandise. First offe
I had never been in trouble, I was given an f2 unauthorized act in writing. Only thing I did was sign the reciept. From what I have researched I should of gotten a misdemeanor not a F2 and m2 for theft by unlawful taking
A: Here's the forgery statute in full:
"§ 4101 Forgery
(a) Offense defined.--A person is guilty of forgery if, with intent to defraud or injure anyone, or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, the actor:
(1) alters any writing of another without his authority;
(2) makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be the act of another who did not authorize that act, or to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed; or
(3) utters any writing which he knows to be forged in a manner specified in paragraphs (1) or (2) of this subsection.
(b) Definition.--As used in this section, the word "writing" includes printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, electronic signatures and other symbols of value, right, privilege, or identification.
(c) Grading.--Forgery is a felony of the second degree if the writing is or purports to be part of an issue of money, securities, postage or revenue stamps, or other instruments issued by the government, or part of an issue of stock, bonds or other instruments representing interests in or claims against any property or enterprise. Forgery is a felony of the third degree 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 of the first degree."
Sounds like what you were charged with was a violation of subsection (a)(2), which is a second-degree felony -- and sounds like what you did falls under this subsection. The DA has the discretion to charge you with a lesser crime, like theft by unlawful taking, but he/she didn't.
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