new york penal law 158 15 welfare fraud in the third degree

NY Penal Law 158.15 – Welfare Fraud in the Third Degree

Uh oh, were you or someone you care about charged with welfare fraud in the third degree under New York Penal Law 158.15? Yeah, I’ve been there. Getting busted for welfare fraud feels scary and overwhelming. But don’t panic! This article will explain the law, penalties, and defenses so you understand your options.

What is Welfare Fraud in New York?

Welfare fraud basically means obtaining public assistance benefits through intentional deception or false statements[1]. There are several welfare fraud offenses under NY law. Third degree is a mid-level charge.

What Does Penal Law 158.15 Welfare Fraud 3rd Degree Involve?

To be guilty of third degree welfare fraud, the prosecutor must prove[2]:

• You committed a fraudulent welfare act
• You obtained public assistance benefits
• The benefits obtained exceeded $3,000

So it involves defrauding the welfare system to collect over $3,000 in benefits.

What Are the Penalties for Welfare Fraud in New York?

Welfare fraud in the third degree is a Class D felony[3]. Potential penalties if convicted include:

• 1 to 7 years in state prison
• Fines up to $5,000
• Probation up to 5 years
• Permanent criminal record

Harsher penalties apply for larger fraud amounts. Any conviction can severely hurt your future.

Are There Defenses to Welfare Fraud Charges?

Yes, a skilled criminal defense lawyer can often get the charges reduced or dismissed by arguing[4]:

• You did not commit intentional welfare fraud
• You had a lawful right to the benefits obtained
• It was an honest mistake – no intent to deceive
• You have been wrongfully accused

An experienced attorney will aggressively challenge the prosecution’s interpretation of events and evidence.

Can You Go to Jail for Welfare Fraud in New York?

Yes, welfare fraud in the third degree under Penal Law 158.15 is a felony charge with possible prison time between 1 to 7 years if convicted. Some first-time non-violent offenders may get probation if they have a clean record. But the risks of incarceration are very real.

What Should You Do if Facing Welfare Fraud Charges?

If questioned by police or charged with welfare fraud, experts recommend:

• Remain silent and avoid self-incrimination
• Hire an experienced criminal defense lawyer immediately
• Follow all conditions of bail/pretrial release
• Save any evidence proving lawful intent
• Avoid social media posts about the case

The stakes are high, so skilled legal defense is essential.

Key Takeaways

Let’s recap some key points about welfare fraud charges under NY Penal Law 158.15:

• It’s a Class D felony with possible prison time
• Lawyers can often raise doubts and beat the charges
• Any conviction leads to a permanent criminal record
• Remaining silent and hiring an attorney quickly is critical