Depending on the facts of the case and your criminal history, you could be charged with a misdemeanor or a felony.
California provides a number of benefits programs meant to help its most vulnerable citizens, including those who are unemployed, unable to work, or who have a disability. These programs, including CalWORKS, CalFresh, Medi-Cal and others, have strict requirements that must be met in order to qualify. Applicants can receive cash, food stamps, services, health insurance and other benefits if they are found eligible for these programs. However, if a person either lies on their application or fails to report information, they could be found guilty of welfare fraud.
Welfare fraud can happen in a number of ways, such as by purposefully misstating information or failing to provide information in order to get or keep benefits, applying for benefits under more than one name, or buying or selling food stamps. Many district attorneys’ offices throughout California have welfare fraud units, and may receive tips from welfare fraud hotlines and websites, or from social service offices around the state. Investigations may reveal that a person lied on their application, such as by claiming a child that does not actually live at home, or by claiming that he or she is a single parent when the other parent actually lives at home. A person may also fail to report additional income or other benefits that they receive.
If you are charged with welfare fraud in California, the prosecutor can charge you with either a felony or a misdemeanor, based on the type of fraud you are engaged in and the amount of money involved. If you obtained or received fraudulent benefits of $950 or less, you would be charged with a misdemeanor, and punished by up to 6 months in jail and/or up to $500 in fines; however, if the benefits were for more than $950, you would be charged with a felony. Other crimes are known as wobblers, which can be charged as either felonies or misdemeanors, depending on the facts of the case and your criminal history. For example, if you are charged with filing fraudulent applications — such as claiming a child that does not exist — the crime is a wobbler, and the prosecutor can charge you with either a felony or a misdemeanor. Similarly, if you are charged with using, transferring, selling, purchasing, or possessing food stamps in an unlawful manner, this is also a wobbler crime.
While welfare fraud often seems like a fairly straightforward crime, there are several defenses to the charge. A skilled California criminal defense attorney may be able to argue that because you did not have the intent to defraud, you are not guilty of the crime of welfare fraud. For example, if you did not realize that you had to report certain income or benefits — such as a gift — then you may not have had an intent to defraud. Your attorney may also be able to have your charges reduced or dismissed based on an agreement to pay restitution for the amount of benefits wrongfully obtained.
The laws regarding welfare fraud can be complex, and required the assistance of a skilled California criminal defense attorney. If you have been charged with welfare fraud, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com. We will vigorously defend you against all welfare fraud charges, and will stand by your side throughout the process. Contact us today to schedule a free initial consultation.
