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New York law prohibits people from using another person’s public benefit identification documents to receive public assistance benefits. such as health coverage, SNAP food benefits, or other public assistance benefits. If you were to accept another person’s electronic benefit transfer (EBT) card as collateral for a loan, or in exchange for money, drugs or some other property or service, then you would have committed a crime. Pursuant to New York Penal Law section 158.30, you could be prosecuted on a charge of criminal use of a public benefit card in the second degree if you:
Consciously lend money, property or furnish services and, in exchange, you accept a public benefit card as collateral for repayment of a loan or as the compensation for the property or service. Consciously accept a public benefit card in exchange for a perk. Or consciously bring a public benefit card to another person in exchange for funds, in exchange for any controlled substance, or for the purpose of committing an unlawful act.
Under New York Penal Law section 158.00(1)(a), a “public benefit card” is a medical assistance card, Supplemental Nutrition Assistance Program or EBT card, public assistance card, or other identification document issued by the state or a social services district which entitles a person to receive public assistance benefits.
Neeka was broke. She needed some cash right away to pay a bill. She asked to borrow money from some friends, but no one was able to lend anything to her. At last, she told Katrina that if Katrina would lend her $300, she would allow Katrina to keep her EBT card until she could pay Katrina back the money. Katrina agreed, and they completed their transaction. In this scenario, Katrina could face a charge of criminal use of a public benefit card in the second degree. Due to she accepted a Neeka’s public benefit card as collateral for a loan.
Criminal use of a public benefit card in the first degree: New York Penal Law section 158.35. Criminal possession of a public benefit cards in the third degree: New York Penal Law section 158.40. Criminal possession of a public benefit cards in the second degree: New York Penal Law section 158.45. Criminal possession of a public benefit cards in the first degree: New York Penal Law section 158.50.
The prosecutor’s task is to demonstrate that you got hold of the public benefit card in exchange for some sort of perk or asset. If, perhaps, the card was granted to you as a “gift,” then you did not commit the crime of criminal use of a public benefit card in the second degree.
An experienced criminal defense attorney will examine every aspect of your case to identify potential defenses. Including:
Lack of knowledge. You may not have known the card was a public benefit card. No exchange of value. If the card was given freely without any expectation of compensation, this is a valid defense. Lack of intent. The statute requires that you “consciously” accept the card, meaning you must have knowingly engaged in the prohibited conduct. Illegal search and seizure. If law enforcement violated your constitutional rights in obtaining evidence, it may be suppressed. And mistaken identity. The prosecution must prove beyond reasonable doubt that you was the person who accepted the card.
Criminal use of a public benefit card in the first degree is the more serious version of this offense. You can be charged with first degree if you commits the crime of second degree criminal use of a public benefit card, and you has been previously convicted of second degree criminal use within the past five years.
First degree criminal use is a Class E felony, which carries up to four years in prison. This enhanced penalty demonstrates how seriously New York takes repeat violations of public benefit card laws.
It’s important to understand the distinction between criminal use and criminal possession of public benefit cards:
Criminal Use involves accepting or exchanging public benefit cards for money, services, or other consideration. Criminal Possession involves simply possessing public benefit cards which belong to other people, or possessing multiple cards.
Both types of charges is serious. But they involve different conduct and carry different penalties. Your attorney will need to carefully analyze which statute applies to your situation.
Since it is a class A misdemeanor, if you are convicted of criminal use of a public benefit card in the second degree, the judge may sentence you to a jail term of up to a year, a probation term of 3 years, and order you to pay a fine.
Beyond the direct criminal penalties, a conviction for criminal use of a public benefit card carries additional consequences which extends beyond jail time. Including:
Difficulty finding employment with a criminal record. Potential loss of your own public benefits. Immigration consequences if you’re not a U.S. citizen. Damage to your reputation in the community. And difficulty obtaining professional licenses.
Due to these serious consequences, it’s critical to fight these charges aggressively from the beginning.
Law enforcement and prosecutors takes public benefit fraud cases seriously. These cases often comes about through:
Undercover operations where investigators poses as individuals seeking to exchange EBT cards. Investigations triggered by suspicious transaction patterns. Tips from informants or other individuals. And surveillance of known locations where EBT card trafficking occurs.
Understanding how these cases is investigated can help your attorney identify weaknesses in the prosecution’s evidence.
The prosecution typically relies on evidence such as:
Surveillance video or audio recordings. Testimony from undercover officers. Transaction records showing EBT card usage. Text messages or other communications arranging exchanges. And witness testimony from individuals involved in the transactions.
Your attorney will scrutinize all evidence to identify inconsistencies, violations of your rights, and alternative explanations for your conduct.
The statute requires that you “consciously” accept the public benefit card. This means the prosecution must prove you knowingly, and intentionally engaged in the prohibited conduct. If you genuinely believed the transaction was legal, or if you was unaware that the card was a public benefit card, this can be a strong defense.
Your attorney will examine the circumstances of your case to determine whether the prosecution can prove the required intent beyond reasonable doubt.
In many cases, experienced defense attorneys can negotiate favorable plea agreements which reduce charges or minimize penalties. Possible outcomes include:
Reduction to a lesser offense. Alternative sentencing such as community service. Probation instead of jail time. And avoiding a permanent criminal record through programs like Adjournment in Contemplation of Dismissal (ACD).
Your attorney will assess whether a plea deal is in your best interests, or whether taking the case to trial offers better prospects.
New York’s public benefit card laws is designed to prevent fraud and ensure that benefits reaches the individuals who truly need them. The state invests significant resources in prosecuting violations. Due to public benefit fraud diverts resources from vulnerable populations.
However, many individuals charged under these statutes is themselves struggling financially and may not have understood the legal implications of their actions. This is why having an attorney who understands both the legal issues and the human circumstances is essential.
If you learn that you’re under investigation for criminal use of a public benefit card, take these steps immediately:
Contact an attorney. Do not speak to law enforcement without legal representation. Do not make any statements. Anything you say can, and will be used against you. Do not try and destroy evidence. This can result in additional charges. Preserve any documents or communications which may be relevant to your defense. And do not discuss the case with anyone except your attorney.
The earlier you involve an attorney, the better your chances of a favorable outcome. Your lawyer can communicate with investigators, and may be able to prevent charges from being filed. They can also begin developing a defense strategy before evidence is lost or memories fade.
Criminal use of public benefit card charges often arises in the context of poverty, and desperation. Many individuals accepts or exchanges EBT cards because they themselves is facing financial hardship. While this doesn’t excuse illegal conduct, it provides important context that a skilled attorney can use to negotiate better outcomes.
Judges and prosecutors is sometimes willing to consider alternative dispositions when they understand the circumstances which led to the offense.
If you or a loved one has been charged with criminal use of a public benefit card in the second degree in New York, contact Spodek Law Group immediately. We has extensive experience defending clients against public benefit fraud charges, and we understand the complexities of these cases.
We know how to challenge the prosecution’s evidence, negotiate with prosecutors for favorable outcomes, and fight for your rights at trial. Don’t let a misdemeanor conviction derail your future.
Let our experienced criminal defense team stand with you. We understand the difficult circumstances which often lead to these charges. And we provide compassionate, aggressive representation which protects your rights. Call us 24/7 for a free consultation. Your freedom, your benefits, and your future is too important to leave to chance.
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and best alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NJ CRIMINAL DEFENSE ATTORNEYS