Public Assistance Fraud

Obtaining Public Assistance by Fraud Attorney

I examine each public assistance fraud case to determine if it can be dismissed and removed from your record. If this is your first offense, pretrial diversion may be an option. If you resolve your case without a conviction you may be eligible to seal or expunge your record. Hiring an experienced disorderly conduct defense lawyer is essential. I have defended hundreds of disorderly conduct cases. Once hired, we will:

Collect and review all government evidence;
Identify any possible defenses;
Qualify you for a pretrial diversion program;
Immediately start negotiating for a dismissal or reduced charges, and
Do whatever is necessary to avoid a criminal conviction.

THE FACTS OF YOUR PUBLIC ASSISTANCE FRAUD CASE ARE IMPORTANT

The constitution guarantees that people be free from illegal police conduct. It is important for you to know if any of your constitutional rights have been violated. The police must have a lawful basis for investigation and arrest. Unlawful police conduct can lead to the suppression of evidence and statements obtained after the illegal police conduct. Important questions that should be answered in any public assistance fraud case are:

What is the true amount of over-payment? Are you able to pay back the amount of over-payment over time?
Are the allegations made against you false?
If you were questioned, were you read your Miranda rights?
Were any of your statements illegally obtained?
Are there other factors or motivations that show lack of intent?
Is there a lack of evidence or a conflict in the evidence?

HOW IS PUBLIC ASSISTANCE FRAUD DEFINED IN FLORIDA?

Public Assistance Fraud is defined in Florida Statue 414.39 as any person who knowingly misrepresents, impersonates, or by any other fraudulent means, discloses a material fact used in making a determination as to such person’s qualification to receive public assistance under any state or federally funded assistance program.

HOW IS PUBLIC ASSISTANCE FRAUD PROVEN IN FLORIDA?

The Florida standard jury instructions for public assistance fraud require the state to prove any of the four following sub-elements beyond a reasonable doubt whether the value of the public assistance wrongfully received, retained, misappropriated, sought, and/or used was:

less than an aggregate value of $200 in any 12 consecutive months.
an aggregate value of $200 or more, but less than $20,000 in any 12 consecutive months.
an aggregate value of $20,000 or more, but less than $100,000 in any 12 consecutive months.
$100,000 or more in any 12 consecutive months.

PENALTIES FOR PUBLIC ASSISTANCE FRAUD

Public assistance fraud can be classified as a felony or a misdemeanor depending on the facts of the case. The severity of the penalty for violating this statute depends on the illegal amount of public assistance obtained by the person.

If the amount of loss is:

Less than an aggregate value of $200 in any 12 consecutive month period, the person commits a first-degree misdemeanor punishable by up to a year in the county jail and a $1,000 fine.
An aggregate value of $200 or more, but less than $20,000, in any 12 consecutive month period, the person commits a third-degree felony punishable by up to five years in the Florida State Prison and a $5,000 fine.
An aggregate value of $20,000 or more, but less than $100,000, in any 12 consecutive month period, the person commits a second-degree felony punishable by up to 15 years in the Florida State Prison and a $10,000 fine.
An aggregate value of $100,000 or more, in any 12 consecutive month period, the person commits a first-degree felony punishable by up to 30 years in the Florida State Prison and a $10,000 fine.