new york welfare fraud law firm

new york welfare fraud law firm

Even if a crime has not been committed, accusations of welfare fraud seem to run rampant. If you’ve been accused of welfare fraud, it’s important to contact an experienced welfare fraud attorney in New York right away.

According to New York State law, someone engages in welfare fraud once they commit a fraudulent welfare act, taking or obtaining public assistant benefits. While that’s the general description, there are specifics and details that will determine the exact legal definition of welfare fraud.

A person commits the crime of welfare fraud when he knowingly acts with the intent to defraud and requests pubic assistant benefits using false information. This may mean that the person pretends to be someone else in order to get pubic assistance benefits. When it comes to welfare fraud public assistance benefits may refer to property, money or services that are provided either directly or indirectly through government programs. In essence, a person commits welfare fraud when they lie in order to get public assistance and when the lie has a large affect on the situation.

At its most basic, welfare fraud is considered Welfare Fraud in the Fifth degree, which is a class A misdemeanor. This crime can mean up to one year in jail for the offender. The degree of welfare fraud increases as the value of what the offender collects increases. Here’s a breakdown of the five degrees of welfare fraud:

Welfare Fraud in the First Degree

Welfare Fraud in the First Degree is a class B felony. The minimum sentence of incarceration is one to three years in prison, while the maximum is 25 years in prison. The sentence can be affected by whether or not this is the person’s first offense. In order to be considered Welfare Fraud in the First Degree, three elements must be proven beyond a reasonable doubt: (1) the person did commit a fraudulent welfare act, (2) the person knowingly committed this act and had the intent to defraud, and (3) the person received public assistant benefits that valued more than $1,000,000.

Welfare Fraud in the Second Degree

Welfare Fraud in the Second Degree is a class C felony. The maximum period of incarceration is 15 years. In order to be considered Welfare Fraud in the Second Degree, three elements must be proven beyond a reasonable doubt: (1) the person did commit a fraudulent welfare act, (2) the person knowingly committed this act and had the intent to defraud, and (3) the person received public assistant benefits that valued more than $50,000.

Welfare Fraud in the Third Degree

Welfare Fraud in the Third Degree is a class D felony. The maximum period of incarceration is seven years. In order to be considered Welfare Fraud in the Third Degree, three elements must be proven beyond a reasonable doubt: (1) the person did commit a fraudulent welfare act, (2) the person knowingly committed this act and had the intent to defraud, and (3) the person received public assistant benefits that valued more than $3,000.

Welfare Fraud in the Fourth Degree

Welfare Fraud in the Fourth Degree is also a class D felony. The maximum period of incarceration is seven years. In order to be considered Welfare Fraud in the Fourth Degree, three elements must be proven beyond a reasonable doubt: (1) the person did commit a fraudulent welfare act, (2) the person knowingly committed this act and had the intent to defraud, and (3) the person received public assistant benefits that valued more than $1,000.

Welfare Fraud in the Fifth Degree

Welfare Fraud in the Fifth Degree is also a class A misdemeanor. The maximum period of incarceration is one year. In order to be considered Welfare Fraud in the Fifth Degree, two elements must be proven beyond a reasonable doubt: (1) the person did commit a fraudulent welfare act and (2) the person knowingly committed this act and had the intent to defraud.

Welfare fraud is a very serious crime. If you or someone you love has been accused of welfare fraud, it’s important to get in touch with an attorney right away. It’s important to contact an attorney even if you feel you’ve been wrongly accused of welfare fraud.

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