California Welfare Fraud: Law & Defense
W&I 10980(a) 10980(b) 10980(c)(1) 10980(g)(2) 11054
Information on the crime of welfare fraud is found at California Welfare and Institutions Code 10980. There are several variations of welfare fraud crimes that may be charged depending on the particular set of facts that support the allegations. For example, WI 10980(c)(1) is charged where the dollar amount of the fraud is less than $950, whereas WI 10980(c)(2) is charged where the dollar amount of the fraud is more than $950, and so on. The different welfare fraud charges carry different punishment. if convicted.
WI 10980 Law
In general, it is a crime to knowingly misrepresent your factual financial status or worth in order to receive welfare benefits.
Most welfare fraud cases involve misrepresentations 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. The crime of perjury (PC 118) is commonly charged along with most WI 10980 charges.
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 document with having knowledge of the false information is both a crime of welfare fraud as well as a crime of perjury.
Welfare fraud include knowingly and falsely representing information to obtain health care, public aid, WIC, food stamps, etc.
Punishment for Welfare Fraud
Welfare fraud charges are classified as either a felony or as a misdemeanor.
If found guilty of felony welfare fraud the defendant could face up to three (3) years in prison. If found guilty of misdemeanor welfare fraud the defendant could face up to one (1) year in the county jail.
In addition to any prison or jail punishment, if found guilt of welfare fraud the defendant may face any of the additional penalties: Firearm prohibition (for felony WI 10980 convictions), Restitution of the funds defrauded, loss of professional or occupation license (for doctors, dentist, lawyers, nurses, or anyone with a license issued by a California Commission, Board, or Bar), loss of immigration status (for non-U.S. citizens), penalty fines and fees, enhanced penalties for future violations, and more.
Note: WI 10980 (Welfare Fraud) and PC 118 (Perjury) are not considered strikes under California's Three Strikes Sentences Law. Also, Welfare fraud and perjury charges are not considered violent or serious crimes as those terms are defined in California law. This means that if the defendant is convicted of either welfare fraud (WI 10980) or perjury (PC 118) he or she may earn up to fifty (50%) credit of any prison or jail sentence if he or she is on his or her good behavior while in custody.
Probation Sentence: In some cases it may be possible to reduce a welfare fraud charge to a lighter criminal charge such as 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 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) as opposed to an actual in-custody jail sentence. Probation sentences may be informal (no probation officer) or formal (with a probation officer) depending on whether or not the defendant is sentenced to felony or misdemeanor probation. 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 level of the fraud.
Defense to Welfare Fraud
Common defenses to welfare fraud (WI 10980) and perjury (PC 118) include: insufficient evidence to prove that the defendant knowingly included false information on welfare forms (or omitted information), mistake of facts as to the information that was provided to the welfare department, duress, necessity, statute of limitations (very limited in fraud cases), intoxication, insanity, lack of jurisdiction, and more.
If you or a loved one has been charged with welfare fraud, perjury, or illegally obtained public aid, contact our criminal defense attorneys today. Our attorneys have successfully handled hundreds of welfare fraud cases without jail or prison sentences.
Our criminal defense attorneys will patiently explain the law, your rights, your defenses, and your options. there is no fee for initial in-office consultations. Call today!!
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Welfare Fraud Related Crimes
- WI 10980(a) Obtain public aid by misrepresentation
- WI 10980(b) Obtain public aid by making more than one false statement
- WI 10980(c)(1) Unlawfully obtain public aid in amount less than $950
- WI 10980(c)(2) Unlawfully obtain public aid in amount more than $950
- WI 10980(g)(1) Multiple welfare fraud
- WI 11054 False statement on affirmation of eligibility
- WI 11483 Fraudulently obtaining aid
- W&I 14014 Fraudulent receipt of health care
- PC118(A)-F False Affidavit As Perjury