Criminal Possession Of Public Benefit Cards In The Second Degree: NY Penal Law § 158.45

by ECL Writer
Conspiracy in the first degree

Possessing public benefit cards registered in another person’s name or several individuals could lead to charges of criminal possession of public benefit cards, governed by three distinct statutes within New York’s criminal code. The specific charge hinges on the quantity of cards held. As per New York Penal Law section 158.45, an individual may be prosecuted for criminal possession of public benefit cards in the second degree if they knowingly possess 10 or more public benefit cards, with the intent to defraud, deceive, or harm another party.

Under New York Penal Law section 158.00(1)(a), a “public benefit card” encompasses medical assistance cards, food stamp assistance cards, public assistance cards, or any such identification provided by the state or social services district, entitling the holder to public assistance benefits.

Sentence

Conviction of criminal possession of public benefit cards in the second degree, classified as a Class D felony, may result in a sentencing that encompasses a maximum prison term of seven years, a probation period lasting up to five years, and the imposition of fines.

Defenses

To run afoul of the criminal possession of public benefit cards in the second degree statute, two conditions must be met: an intent to defraud and possession of a minimum of 10 public benefit cards. If you can demonstrate that your intent wasn’t fraudulent or that you had fewer than 10 cards, a viable defense against the charge may be established.

New York Penal Law § 158.45: Criminal possession of public benefit cards in second degree

Criminal possession of public benefit cards in the second degree occurs when an individual, with the intent to defraud, deceive, or harm another, knowingly holds ten or more public benefit cards in a name or names different from their own.

Related Offenses

Hiring a New York Lawyer

When facing a Criminal Possession of Public Benefit Cards in the Second Degree case in New York, it is imperative to hire a seasoned lawyer with expertise in criminal defense. Such an attorney will navigate the complexities of the legal system, protect your rights, and work diligently to secure the best possible outcome.

New York’s strict laws regarding public benefit card possession necessitate legal representation to build a strong defense. Your chosen lawyer will scrutinize evidence, assess the circumstances, and craft a strategic defense plan, potentially reducing charges or securing a favorable resolution.

Don’t underestimate the gravity of the situation; investing in a qualified New York lawyer is your best chance to safeguard your future and mitigate potential consequences.

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