new york 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]:

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Legal Scenario: What Would You Do?

Scenario

You applied for public assistance benefits in New York and listed your household income as $18,000 per year, but you failed to report a part-time job that brought in an additional $8,000. The Department of Social Services flagged the discrepancy during a routine audit and now you're facing a charge under Penal Law 158.15.

Can I really be charged with a crime for not reporting extra income on my benefits application?

Attorney's Answer

Yes — under New York Penal Law § 158.15, welfare fraud in the third degree is a Class D felony that applies when a person knowingly makes a false statement or withholds material information to obtain public assistance benefits valued between $3,000 and $50,000. A conviction carries up to 2⅓ to 7 years in state prison, restitution of the overpaid benefits, and a permanent felony record. However, a strong defense may challenge whether the omission was truly 'knowing' or intentional, argue that the benefit amount falls below the statutory threshold, or negotiate the charge down to a misdemeanor welfare fraud offense under Penal Law § 158.05 or § 158.10. An experienced attorney can also explore whether a civil repayment agreement or diversion program might resolve the matter without a felony conviction.

This is general information only. Contact us for advice specific to your situation.

• 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?