Welfare Fraud | Welfare & Institutions Code § 10980

Description

Criminal charges for Welfare Fraud may be filed against a person who provides false or incomplete information, including multiple applications or claiming a false identity, in order to obtain welfare, food stamps or Medi-Cal benefits to without legitimate entitlement, and if the value of the fraud is in excess of $950.

What does the prosecutor have to prove?

1. Defendant knowingly made more than one application for aid under the provisions of this division.
2. Defendant provided false information with the intent to deceive.
3. Defendant had intent of establishing multiple entitlements for any person for the same period or
4. Defendant made an application for aid for a fictitious or nonexistent person or
5. Defendant claimed a false identity.

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	Yes
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No