Legal Question in Criminal Law in California
Welfare Fraud
What constitutes Welfare Fraud, is it a state crime or a federal crime and if charged, what can I expect. I also want to know what the statue of limitations is on this.
1 Answer from Attorneys
Re: Welfare Fraud
Welfare occurs when the receipiant makes a false statement to obtain welfare. The most common violation is the failure to report all income, gifts etc.
The receipt of welfare is a state crime, and may be either a misdemeanor or felony depending on the amount wrongfully received. $400 is the dividing line between misdemeanor and felony.
Depending on the circumstances under which the welfare fraud occurred, the amount, and the attitude of the district attorney thesentence may range from probation, without jail time, to state prison.
The district can also charge perjury, which is a felony, and cannot be reduced to a misdemeanor.
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