CALIFORNIA CRIMINAL LAWYERS

Los Angeles Welfare Fraud

Welfare Fraud: Why Legal Representation is Crucial

Welfare fraud is a prevalent issue in society that can have serious consequences for those caught engaging in such illegal activity. Some people may not even realize that what they’re doing is against the law, while others may blatantly try to take advantage of government benefits. Whether a person is guilty or innocent, it is essential to have legal representation during this challenging time.

What is Welfare Fraud?

Welfare fraud can occur in various ways, such as failing to report new income in a timely manner, misrepresenting the number of people in the household, or lying on the application. According to the law, individuals have ten days to report any changes in income, but failing to do so while continuing to receive benefits can result in committing welfare fraud.

Misrepresenting information through the use of a sibling or other means to increase benefits is also a form of fraud. Even the slightest misrepresentation on an application can be considered fraud.

Cracking Down on Welfare Fraud

Due to funding cuts and the growing number of people relying on the public health system, the government is increasingly cracking down on welfare fraud. In California, welfare fraud falls under the category of a “wobbler,” which means that the prosecution can file charges under either a misdemeanor or a felony, depending on the severity of the case and criminal history.

Official Charges under California’s Law

Welfare fraud can fall under different codes in the state’s penal code system, including grand theft, forgery, perjury, and conspiracy. The prosecution can use any of these laws as the basis for the charges, depending on the type of fraud committed.

Defense Against Welfare Fraud

The welfare system is designed to help those who are unemployed or underemployed, and intentionally misrepresenting or withholding pertinent information can be considered welfare fraud. At our legal firm, we understand that the cost of living in California is on the rise, and the job market does not always provide sufficient income. We offer effective defenses to help those facing welfare fraud charges.

Our Defense Strategy

The burden of proof falls on the prosecution to show fraudulent intent. For instance, if a person fails to report information correctly or in a timely manner, the prosecution must provide evidence of the offense. This evidence could be the application or any other relevant paperwork. However, even substantial evidence is not conclusive, and a case can be dismissed on a technicality. The prosecution must prove guilt beyond reasonable doubt.

The Importance of Legal Representation

Most of the time, the welfare system just wants to collect the money owed to them. A deal can often be made to repay the money and reduce the charge from a felony to a misdemeanor, avoiding jail time. Welfare fraud is a severe crime that can result in paying fines of thousands of dollars and even jail time. If you’ve been charged, it is crucial to have legal representation. Our legal team can help you reduce charges, work out a deal or avoid jail time. Don’t hesitate, contact us today for a consultation.

Table on the Types of Welfare Fraud:

Types of Welfare Fraud

| Welfare Fraud Activity | Definition |
| — | — |
| Misrepresenting household members | An individual provides false information about the number of people residing in their household to increase their benefits |
| Undeclared income | An individual fails to report income received to the government |
| Application fraud| An individual provides false information about themselves or household members to qualify for welfare benefits |
| False Identity | An individual uses a false identity to obtain welfare benefits |

Table on the Official Charges:

Official Charges under California’s Law

| Penal Code | Type of Fraud Committed |
| — | — |
| 487 | Grand theft |
| 470 | Forgery |
| 118 | Perjury |
| 182 | Conspiracy |

Table on Defense Strategies:

Defense Strategies for Welfare Fraud

| Defense Strategy | Explanation |
| — | — |
| The Prosecution must prove fraudulent intent | The burden of proof is on the prosecution and must provide conclusive evidence |
| Technicality | A case may be dismissed on a technicality |
| Requirement to prove guilt beyond reasonable doubt | Guilt must be proven beyond a reasonable doubt |
| Effective defense strategies | Legal representation can help in effective defenses against welfare fraud charges |