Criminal Possession Of Public Benefit Cards In The Third Degree: NY Penal Law § 158.40

New York’s criminal code features multiple provisions designed to penalize individuals engaged in welfare fraud. Welfare fraud encompasses the misuse of federal and state public assistance programs. This may involve making false statements on assistance applications, trading public assistance cards for drugs or money, or even stealing such cards.

In accordance with New York Penal Law section 158.40, one can face charges for third-degree criminal possession of public benefit cards if, with the intent to deceive, defraud, or harm another, they possess five or more public benefit cards registered under someone else’s name.

According to New York Penal Law section 158.00(1)(a), a “public benefit card” includes medical assistance, food stamp assistance, public assistance, or any state-issued identification entitling the holder to public assistance benefits.

Sentence

Being found guilty of third-degree criminal possession of public benefit cards, classified as a class E felony, could result in a sentence that encompasses a maximum prison term of 4 years, a probation period lasting up to 5 years, and the imposition of a fine.

Defenses

You must have the intent to deceive in order to violate the illegal possession of public benefit cards in the third degree statute. You might have a strong defense against the charge if you can demonstrate that your intention was not to commit fraud.

New York Penal Law § 158.40: Criminal possession of public benefit cards in third degree

When someone intentionally owns five or more public benefit cards in a name or names other than their own with the aim to defraud, deceive, or harm another, they are guilty of criminal possession of public benefit cards in the third degree.

Related Offenses

• Criminal use of a public benefit card in the second degree: New York Penal Law section 158.30
• 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 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

Hiring a New York Lawyer for criminal possession of public benefit cards in third-degree case

Hiring a New York lawyer for a criminal possession of public benefit cards in the third degree case is essential for a strong defense. These charges are serious and can result in severe penalties, including fines and jail time. A skilled attorney with expertise in New York criminal law will navigate the complexities of the legal system, ensuring that your rights are protected. They will examine the evidence, challenge the prosecution’s case, and work to secure the best possible outcome, which may include reduced charges or an acquittal. Don’t face these allegations alone; a knowledgeable lawyer is your best defense.