Underemployed and unemployed citizens are often eligible to receive help with food, housing, and other basic needs through various welfare programs. To benefit from these programs, you must provide correct and accurate details about your living conditions and income.

Providing false, misleading, or inaccurate details when applying for welfare benefits for which you would otherwise be ineligible is a crime under Welfare and Institutions Code (WIC) 10980. Specifically, this offense is known as welfare fraud and is a wobbler, meaning you could receive a felony or misdemeanor when the prosecutor secures a conviction against you at trial.

If you are arrested or charged with welfare fraud, it is paramount that you retain the services of a defense attorney. Our dedicated defense attorneys at Monterey Criminal Attorney can intervene and offer legal assistance in every stage of the prosecution process to secure the best possible judgment.

Precise Legal Definition of Welfare Fraud Offense Under WIC 10980

According to WIC 10980, you commit a welfare fraud offense when you willfully use false statements with the criminal intent to secure or continue receiving public assistance that you would not qualify to receive. In most cases, this offense involves government employees who work at various welfare organizations or recipients of welfare benefits.

In other cases, the fraud scheme could involve an alliance between government employees and recipients of welfare benefits. Whichever the case, a welfare fraud offense is a grave crime in the eyes of the court.

Depending on your unique case particulars, the prosecutor could file your charges as either a felony or a misdemeanor because it is a wobbler. Here is an overview of the common sources of welfare benefits:

CalWORKs

Also formally known as Aid to Families and Dependent Children (ADFC), CalWORKs is a program that helps provide short-term financial assistance to low-income families who need help with basic needs, including food, medical care, clothing, and housing.

CalFresh

CalFresh, or food stamp program, provides eligible citizens monthly electronic payments for food purchases.

GAIN

Gain is a work assistance program that helps CalWORKs beneficiaries find, retain, or advance to a higher-income job. This program is mandatory.

GA/GR

GA/GR stands for general assistance or general relief, and it refers to a program that provides assistance to low-income adults who do not receive any other public benefits.

MediCal

MediCal is a program that helps provide health insurance coverage to low-income citizens, including children and adults. While MediCal fraud is a welfare benefit, the prosecutor will file this charge under WIC 14014.

In-home Services

The government addresses issues about domestic violence, mental health, and substance abuse among citizens using in-home services.

To receive any of these benefits, you must make your application and provide adequate proof to prove you are an excellent candidate for the welfare benefits. Any fraudulent misrepresentation, false, or otherwise inaccurate information you provide with the criminal intent of receiving benefits under any of the above programs will attract welfare fraud charges under WIC 10980.

What to Expect During Welfare Fraud Case Investigation

The prosecutor will begin an investigation against you immediately once he/she receives a tip and referral from:

  • The public through websites or hotlines provided by their offices
  • Nationwide reporting hotlines
  • The government and non-governmental organizations that suspect probable welfare fraud
  • The department responsible for overseeing the disbursement of the welfare benefits

To begin the investigation, their investigators will contact you and ask about the welfare benefits and the details you provided during your application. The investigators could also gather more details to help them negate or prove the WIC 10980 charge you are up against from colleagues, friends, and neighbors.

Once the investigator gathers adequate evidence against you, he/she will give it to the prosecutor to determine whether filing a criminal charge against you would be necessary. Otherwise, the prosecutor will either:

  • Return the case to the appointed investigator and ask him/her to gather more relevant information to support the case.
  • Determine that the available evidence is insufficient to support the wrongdoing and reject the alleged case

Types of Welfare Fraud Explained

Generally, the prosecutor can file welfare fraud as internal or recipient fraud. Below is a brief explanation of these two types of welfare fraud offenses, respectively:

Internal Welfare Fraud

Internal welfare fraud, or inside job, occurs when an employee working for the welfare agencies illegally disburses welfare benefits to ineligible people, including their friends and family members, with the criminal intent of splitting the proceeds. For instance, they can do this by:

  • Creating fictional children
  • Failing to report crucial details that would make these people ineligible for the benefits

In most cases, once the prosecutor secures an internal WIC 10980 charge conviction against you, he/she could also file embezzlement charges against you under Penal Code (PC) 503. Also commonly known as employee theft, embezzlement is the offense you commit when you illegally take public property or funds trusted to you.

A PC 503 violation conviction could also result in a jail sentence of not more than three (3) years. However, if the amount involved exceeds $65,000, your jail sentence could go up to four (4) years.

Recipient Welfare Fraud

As the name suggests, recipient fraud is committed by those who receive welfare benefits. You commit recipient fraud when you attempt (whether you succeed or not) to retain, secure, or increase your welfare benefits using incomplete or misleading evidence or fraudulent documents. Below are different ways you can commit a recipient welfare fraud offense:

  • Failing to report an income that could affect your welfare benefits
  • Accepting welfare benefits from different states simultaneously
  • Submitting a welfare claim for a child you do not live with
  • Claiming to be a single parent but still living with your child’s other parent

Potential Sentence for a Welfare Fraud Charge Conviction Under WIC 10980

The penalties you will receive upon a conviction under WIC 1098O will depend on whether your case is a felony or a misdemeanor. Whether the prosecutor will file your case as a misdemeanor or felony depends on the specifics of your unique welfare fraud case and criminal record.

Upon a conviction for a felony welfare fraud charge under WIC 10980, your sentence will include up to three years of jail time and a fine not exceeding $5,000. However, a misdemeanor conviction under the same statute will attract a lighter sentence, including up to six (6) months of jail time and not more than a $500 fine.

However, with the legal help of your attorney, you can avoid imprisonment and secure parole or probation. Probation is a sentencing alternative that allows you to stay out of legal custody if you follow the set terms and conditions, which could include:

  • Avoid a re-arrest or criminal activities
  • Pay restitution and all the necessary court fees and fines
  • Complete an evidence-based counseling program
  • Agree to wear an electronic monitoring device
  • Agree to frequent appointments with a probation officer

If you are guilty of a felony WIC 10980 charge, you will comply with the above terms for up to five (5) years. However, if your offense is a misdemeanor, your probationary term will not last more than two (3) years. While these terms could affect your quality of life, you should comply with them during your probationary period. If the court discovers that you have violated any condition of your probation, you should expect a re-arrest.

Once the police arrest you for failing to abide by the conditions of your parole, the court will hold a probation violation hearing (PVH) to determine whether these allegations you are up against are true. Below are the potential outcomes of this hearing:

  • Termination of your probation and reinstatement of your jail sentence for a conviction under WIC 10980
  • Reinstatement of your probation, but on stricter terms

However, after completing a certain probation period, your attorney can help you file a petition to secure an early termination of your probation. When determining whether to end your probation early, the court will consider the following factors:

  • Your criminal record
  • Your offense seriousness
  • The length of jail sentence served
  • Whether you demonstrate personal growth or remorse
  • The facts of your unique welfare fraud case
  • Whether you have violated any term or requirement of your parole

Additional Consequences of a Welfare Fraud Charge Conviction

Welfare fraud is an offense of dishonesty with long-lasting economic and social repercussions upon conviction. Examples of these consequences include:

  • Challenges securing employment, especially jobs where your employer will entrust you with his/her company finances or other people's money
  • Challenges securing welfare benefits in the future
  • Revocation or suspension of your practice license
  • The court will doubt your testimony when summoned as a witness in a criminal case
  • Loss of your voting rights
  • Loss of your gum ownership rights upon a conviction for a felony welfare fraud offense
  • Deportation or removal from the country if you are a non-citizen

Eligibility for Welfare Fraud Diversion Programs

While the court will require you to pay restitution of the involved amount of money upon conviction, the prosecutor could accept a plea deal in exchange for a lighter charge or sentence. To fulfill your plea deal obligation, the court could give you a time frame for repaying the amount.

However, not everyone qualifies for a plea deal. Generally, you would be eligible to enter a welfare diversion program and avoid a criminal record for a welfare fraud charge conviction if:

  • The money involved is relatively small (typically less than $3,000)
  • You do not have a criminal history
  • You are willing to accept the allegations you are up against are true (a guilty plea)

The welfare fraud diversion program will require you to complete a court-approved class and repay the specified amount. Once you do that, the court will dismiss your case, meaning you will not have a criminal record for a welfare fraud charge conviction.

Legal Defenses That Can Help Challenge Welfare Fraud Charges at Trial

Once your case reaches the trial phase of the legal justice system, your attorney will bear the burden of proving the allegations you are up against are untrue to secure the best possible outcome. Below are credible legal defenses that could work to your advantage to secure a favorable outcome:

You Did Not Have Fraudulent Intent

For a conviction under WIC 10980, the prosecutor must prove that you had the criminal intent to trick or defraud a welfare program to receive benefits for which you are ineligible. If your defense attorney can provide evidence that raises doubt on whether you intended to defraud, the court could dismiss or reduce your welfare fraud charges.

You Did Have the Intent to Omit Some Information from Your Application

You will not be guilty of a welfare fraud charge if you accidentally or mistakenly omit certain information when applying for welfare program benefits. If your attorney can provide enough clear evidence to support this defense argument, the judge will most likely dismiss or reduce your welfare fraud charge.

The Benefits Received Was a Mistake of the Social Services

It is also possible that the funds you received were due to a mistake by an employee of the welfare program. After all, they are humans like you, and anyone can make a mistake. A thorough investigation of your case is necessary to unearth all crucial evidence that can help prove to the court that you did not provide any misrepresentation of facts and that the mistake lies with the social services department.

The Prosecutor's Evidence Against You is Insufficient

The judge will likely drop your case if the prosecutor's evidence against you is insufficient to prove the allegations you are up against are true beyond a reasonable doubt. For example, if you have internal welfare fraud charges because your employer reported to the law enforcement authorities after noticing that:

  • You have some unusual contacts with an applicant
  • Your case file contains some missing documents.
  • You have several duplicate files

Even though this evidence would suggest you are embezzling public funds, without proof and evidence to support the prosecutor's argument, the court will not convict you for a WIC 10980 violation. Therefore, if your attorney can prove that the prosecutor's evidence against you is insufficient, the court will likely exonerate your case or reduce the charge to a lighter offense.

The Allegations You are Up Against are False

A welfare fraud offense is a crime ripe for false allegations. Sometimes, a person could accuse you of committing welfare fraud due to jealousy or unresolved conflicts to satisfy his/her motive. A seasoned attorney can use his/her resources and expertise to keenly investigate the charges you are up against and build solid evidence to prove to the court that the allegations are untrue.

For example, your attorney can argue that someone stole your identity details and used them to apply for the welfare program benefits illegally. The court will reduce or dismiss your charges if the argument works in your favor.

While it is natural to worry when dealing with law enforcement officers as a suspect in a criminal case, an arrest does not mean you are guilty of the allegations you are up against. Whether or not you will be guilty of the fraud allegations you are up against will depend on the evidence the prosecutor has against you and your attorney's mitigating arguments at trial.

Offenses Related to Welfare Fraud

Welfare fraud is closely related to several other offenses under the Penal Code. That means the prosecutor could file these offenses against you instead of or alongside the welfare fraud charge under WIC 10980. Examples of these crimes include the following:

Grand Theft

Grand theft is a type of theft offense you commit when you illegally steal property or money worth more than $950. If the amount involved in the welfare fraud case exceeds $950, the prosecutor could file grand theft charges against you alongside the underlying welfare fraud charge.

Like welfare fraud, a grand theft offense is punishable as a felony or misdemeanor, depending on your unique case particulars. A felony grand theft conviction under PC 487 will carry up to three (3) years of jail sentence. However, if your offense is a misdemeanor, your penalties will include up to one (1) year of jail sentence.

The court could also require you to pay compensation for the money stolen. Unfortunately for non-citizens, a conviction for a grand theft charge can attract immigration consequences, including deportation.

Forgery

If you forged some documents to secure welfare benefits, the prosecutor could file forgery charges against you under PC 470 alongside the welfare fraud charge. Specifically, PC 470 makes it illegal to do the following:

  • Forge or counterfeit the seal or handwriting of another person
  • Sign another person's name
  • Corrupt, alter, or falsify any legal record or judgment
  • Forge, alter, counterfeit, or falsely make certain documents, including bonds, checks, or money orders

The prosecutor will file your PC 470 charge as either a felony or misdemeanor, depending on the specific facts of your unique charge. A misdemeanor PC 470 violation conviction will attract the following penalties:

  • A fine amounting to up to $1,000
  • Detention in the county jail for not more than one (1) year

Conversely, when the prosecutor files your forgery charge as a felony, you should expect a jail sentence of not more than three (3) years. However, a skilled attorney can negotiate with the judge or jury to secure misdemeanor or felony probation instead of jail time.

Perjury

If you intentionally provided the wrong details during your application for welfare fraud, the prosecutor could also file a perjury charge against you alongside the welfare fraud charge. According to PC 118, you commit a perjury offense when you willfully and intentionally provide a false confession under oath.

Since the prosecutor will file this offense as a felony, your penalties upon conviction at trial will be severe, including:

  • Up to four (4) years of jail sentence
  • Up to $10,000 maximum fine

Since it is a crime involving moral turpitude (CIMT), a PC 118 charge conviction will also attract negative immigration repercussions, like deportation and inadmissibility after removal from the country. To challenge this charge, your attorney can raise the following defenses at trial:

  • You had no intention to lie
  • You did not provide any material statement
  • You were not under oath

Conspiracy

Another offense related to a WIC 10980 offense is the conspiracy offense under PC 182. If you conspired or colluded with someone to commit a WIC 10980 offense, the prosecutor could also file a conspiracy charge against you.

According to PC 182, you commit a conspiracy offense when you arrange with another person to commit an offense, in this situation, to fraudulently receive welfare benefits. Depending on the facts of your case, the prosecutor could file your conspiracy case as a felony or wobbler. Your penalties for a conviction under PC 182 are similar to the ones you would receive for a welfare fraud charge conviction.

However, with the legal assistance of your attorney, you could convince the jury or judge to drop or reduce this charge by raising the following legal defenses:

  • You did not have an agreement with anyone
  • You did not commit any overt act
  • You withdrew from the conspiracy plan

Once you learn that you are under investigation or charged with a welfare fraud offense, securing an attorney's services can help level the playing field and increase your odds of securing a favorable verdict. An aggressive legal representation can mean the difference between incarceration, a lighter sentence, or dismissal of the case.

Find a Monterey Criminal Defense Attorney Near Me

Being under investigation or arrest for a serious offense like welfare fraud under WIC 10980 can be overwhelming, but you have legal options. With the legal assistance of an attorney, you can secure a favorable plea deal to avoid challenging the welfare fraud allegations at trial.

However, even if you are ineligible for a plea deal, an aggressive and experienced attorney will know the best defense approach to help you secure a favorable outcome at trial. If you or a loved one is under investigation or charged with a welfare fraud offense, our attorneys at Monterey Criminal Attorney can offer you the legal representation you need.

Call us at 831-574-1791 to discuss the details of your unique case with our understanding and credible defense attorneys.