Welfare Fraud Charges

Welfare fraud is commonly charged under Welfare and Institutions Code 10980. The crime of welfare fraud, also referred to as obtaining public aid by misrepresentation, is a wobbler which means it can be charged as a misdemeanor or a felony. There are different variations of welfare fraud crimes that may be charged depending on the facts that support the charges. Welfare and Institutions Code, Section 10980(c)(1) is charged where the dollar amount of the fraud is less than $950, whereas Welfare and Institutions Code, Section 10980(c)(2) is charged where the dollar amount of the fraud is more than $950. The different welfare fraud charges carry different punishment. Our Los Angeles welfare fraud criminal defense attorneys are standing by ready to help with any questions. Don’t hesitate call now.

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While, it is a crime to knowingly misrepresent your factual financial status or worth in order to receive welfare benefits, most welfare fraud cases involve some allegation of intentional misrepresentations or omissions of income or financial need on public forms that are signed under penalty of perjury, or failure to update any change in income or financial need after welfare benefits have been established. Thus commonly, Penal Code 118 which defines perjury is also charged in most welfare fraud cases. It is not uncommon to have multiple counts (allegations) of welfare fraud and perjury charges against a single defendant because every time the defendant signs a welfare form or document while having knowledge of false information on the form, you can be charged each time with a separate offense of welfare fraud and perjury charges.

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Welfare fraud include knowingly and falsely representing information to obtain health care, public aid, WIC, food stamps, covid related EDD assistance, housing assistance, child care or pretty much any government aid for that matter. Depending on the amounts alleged that you have received in government assistance that were obtained by misrepresentation of your eligibility, your punishment can vary anywhere from getting a dismissal to multiple years in state prison. If found guilty of felony welfare fraud the defendant could face up to three (3) years in jail. If found guilty of a misdemeanor welfare fraud charge the defendant could face up to one (1) year in the county jail.

Can you get probation on a welfare fraud charge?

In some cases it may be possible to reduce a welfare fraud charge to a lesser criminal charge for example, from a felony to a misdemeanor. In other cases it may even be possible to have the criminal charges dismissed depending on the circumstances of the case. For cases where a reduction or dismissal of the welfare fraud charges are not possible, it may still be possible to obtain a probation sentence. A probation sentence may be accompanied with some jail time, but generally any jail sentence that is made a part of a probation sentence is served by work release or electronic monitoring (house arrest) in a Welfare and Institutions Code, Section10980 case. Probation sentences may be informal or summary probation commonly for misdemeanor convictions (no probation officer) or formal probation (with a probation officer) which commonly results if you are convicted of a felony. Whether or not a probation sentence is available in any welfare fraud or perjury case depends largely on the defendant's criminal history along with the sophistication of the fraud and the amount obtained from the government in terms of aid.

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Penal Code 1170(h) Sentencing: If the defendant is convicted of welfare fraud pursuant to Welfare and Institutions Code, Section 10980(c)(1) or 10980(c)(2), and he or she is not granted a probation sentence, then the defendant will be sentenced to jail (instead of state prison); however, any jail sentence related to Welfare and Institutions Code, Section 10980(c)(1) or 10980(c)(2) may be split (served partially out of jail on work release) or suspended (not served at all unless the defendant violates a term of his or her out of jail sentence). Whether or not the defendant has his or her jail sentence split or suspended depends on additional factors that will be considered.

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Welfare and Institutions Code, Section 10980 - Welfare Fraud, and Penal Code 118 - Perjury, are not considered strike offenses under California's Three Strikes Law. Also, Welfare fraud and perjury charges are not considered violent or serious crimes as those terms are defined by the law. This means that if you are convicted of either welfare fraud (Welfare and Institutions Code, Section 10980) or perjury (Penal Code 118) you may earn up to half (50%) credit of any jail sentence if you are on good behavior while in custody.

​Immigration consequences for non-citizens?

CIMT: Welfare fraud is considered a crime involving moral turpitude, which means the crime involves lying, cheating or deceit or is otherwise inherently wrong. Arrests and convictions for CIMT can have collateral consequences for non United States citizens and licensed professionals. Non US citizens may be deported for convictions of CIMT and licensed professionals can lose a license to practice in a particular profession (i.e. lawyer, doctor, dentist, therapist, etc.) which makes these types of charges are more troublesome.

In addition, if you are convicted of such a charge you may be facing an order for Restitution which is a requirement to pay back what you obtained by misrepresentation. You may lose future welfare benefits as a result of a conviction as well. Our highly skilled and qualified Los Angeles welfare fraud attorneys can help with your charges, don’t hesitate give us a call now.

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Are there any Defenses?

​Common defenses to welfare fraud charged under Welfare and Institutions Code, Section 10980 and perjury charged under Penal Code 118 include: insufficient evidence to prove that the defendant knowingly or intentionally included false information on welfare forms or omitted certain required information, mistake of facts as to the information that was provided to the welfare department, duress, necessity, statute of limitations, intoxication, insanity, lack of jurisdiction, and more.

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If you or anyone you know has been charged with welfare fraud, perjury, for illegally obtaining public aid, charges of Welfare and Institutions Code, Section 10980(c)(1),Welfare and Institutions Code, Section 10980(c)(2), or any related offense, contact our los angeles criminal defense attorneys today. There is no fee for initial consultations. Call today!

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Related Crimes

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Most cases we see filed are charged under Welfare and Institutions Code, Section 10980(a) which is to obtain public aid by misrepresentation. sometimes charges are brought under Welfare and Institutions Code, Section 10980(c)(1) for unlawfully obtaining public aid in an amount less than $950 in other cases charges are filed under Welfare and Institutions Code, Section10980(c)(2) for unlawfully obtaining public aid in an amount greater than $950, and Welfare and Institutions Code, Section 10980(g)(1) covers multiple welfare fraud.

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