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NY Penal Law § 158.35: Criminal Use of a Public Benefit Card in the First Degree
(0) Comment |Last Updated on: 3rd June 2023, 09:31 pm
Don’t Let Your Life Be Disrupted: Safeguard Your Legal Rights Against Criminal Use of Public Benefit Cards in New York
Secure Your Vital Lifeline: Understanding Public Assistance Benefits
Living in New York, you may be eligible for public assistance benefits such as indispensable health coverage and crucial SNAP food benefits. These lifelines are undeniably essential to those facing the toughest circumstances. However, comprehending that the illegal use of public benefit identification documents is explicitly forbidden is of utmost importance to avoid severe consequences.
At Spodek Law Group, we boast years of dedicated experience fiercely protecting the legal rights of individuals who depend on these life-saving benefits. Recognizing the utmost importance these resources hold, our experienced attorneys work relentlessly to defend your rights if you face criminal charges related to their misuse.
Decode Criminal Use of Public Benefit Cards: The Law Explained
New York Penal Law section 158.35 explicitly states that it is a criminal act to accept someone else’s electronic benefit transfer (EBT) card as collateral for a loan or in exchange for drugs, money, or other assets or services. This transgression is categorized as criminal use of a public benefit card in the first degree.
The term “public benefit card” encompasses any identification document issued by the state or social services district, which entitles an individual to vital public assistance benefits such as medical assistance cards or the life-enhancing Supplemental Nutrition Assistance Program (SNAP) or EBT cards.
For example, envision Gregory’s predicament – he routinely accepts public assistance benefit cards as payment for drugs. This reckless behavior could lead him into being charged with criminal use of a public benefit card in the first degree since he acquires more than three cards from his clients frequently.
Be Prepared: Familiarize Yourself with Related Offenses
| New York Law | Offense |
|---|---|
| New York Penal Law section 158.30 | criminal use of a public benefit card in the second degree |
| New York Penal Law section 158.40 | criminal possession of a public benefit card in the third degree |
| New York Penal Law section 158.45 | criminal possession of a public benefit card in the second degree |
| New York Penal Law section 158.50 | criminal possession of a public benefit card in the first degree |
In the Face of Accusations: Potential Defenses
If you find yourself entangled in charges related to criminal use of a public benefit card in the first degree, several potential defenses may be available. For instance, if the prosecutor can only prove that you exchanged or obtained two public benefit cards instead of three, then you could face a lesser charge, evading graver consequences.
Be Aware: The Harsh Impact of Conviction
A conviction for criminal use of a public benefit card in the first degree is a grave matter, classified as a class E felony offense. The repercussions for such a charge are severe, including up to four years of imprisonment, a daunting five-year probation term, and costly fines that could tighten your financial circumstances even further.
Trust Spodek Law Group for Your Legal Needs: Your Defense Heroes
At Spodek Law Group, we are acutely aware of how earth-shattering criminal charges related to public benefit cards can be. Our team is assembled of highly competent attorneys with years of experience handling such daunting cases, who work strenuously to defend your legal rights and reestablish your sense of security.
We have an outstanding track record when it comes to defending our clients against these types of charges. Offering unwavering support and guidance throughout your case, we ensure sound decisions are made about your individual circumstances.
Contact Us Today: Your Future Is Worth The Call
Don’t hesitate to get in touch with us for a free consultation with Attorney Todd Spodek – he possesses the extensive knowledge and dynamic resources necessary to handle your legal matter with utmost professionalism and dedication. Let us be your legal protectors and safeguard your rights!