CalFresh fraud charges in California are prosecuted under Welfare & Institutions Code § 10980 and can also be filed as grand theft under Penal Code § 487 or fraud under Penal Code § 532, depending on the amount involved and the facts of the case. A conviction can result in felony charges, state prison time, repayment of benefits, and permanent disqualification from public assistance programs. Cases involving Rancho Cucamonga residents are prosecuted by the San Bernardino County District Attorney's office and heard at the West Valley Justice Center at 8303 Haven Avenue. Kirk Tarman has practiced criminal defense at this courthouse for more than 25 years and provides confidential representation for clients facing CalFresh and public benefits fraud allegations. Call 24/7 for a private consultation: (909) 658-7341.
What Is CalFresh Fraud?
CalFresh is California's food assistance program — the state version of the federal SNAP (Supplemental Nutrition Assistance Program). CalFresh fraud occurs when someone is accused of obtaining benefits through false or misleading information.
Common allegations include:
- Failing to report income, employment, or household members
- Misrepresenting residency or household composition
- Using another person's EBT card without authorization
- Applying for benefits in multiple counties simultaneously
- Selling or trafficking EBT benefits for cash
It is important to understand that not every overpayment is fraud. Errors, miscommunications, and administrative mistakes happen. The prosecution must prove that you intentionally misrepresented information — intent is a required element of the crime.
What Laws Apply to CalFresh Fraud in California?
Welfare & Institutions Code § 10980 This is the primary statute. It covers obtaining, attempting to obtain, or aiding someone in obtaining CalFresh benefits through fraud, misrepresentation, or impersonation. Penalties depend on the value of benefits involved:
- Misdemeanor: Benefits valued under $950 — up to 6 months in county jail and/or a fine
- Felony ("wobbler"): Benefits valued at $950 or more — 16 months, 2 years, or 3 years in state prison
Penal Code § 487 — Grand Theft If the value of benefits obtained exceeds $950, prosecutors may also charge grand theft. This is a wobbler offense that can be filed as a misdemeanor or felony.
Penal Code § 532 — Fraud Prosecutors may add a general fraud charge, particularly in cases involving false statements made in writing on benefit applications.
Federal Charges If federal SNAP funds are involved and the amount is significant, federal prosecutors can also bring charges under 7 U.S.C. § 2024. Federal cases carry steeper penalties and are handled in federal court.
Penalties for a CalFresh Fraud Conviction
A conviction — even at the misdemeanor level — carries consequences beyond jail or fines:
- Repayment (clawback): You will be required to repay the full value of any benefits improperly received, plus potential penalties
- Program disqualification: A first offense can result in a 12-month disqualification from all federal public assistance programs; a second offense, 24 months; a third offense, permanent disqualification
- Criminal record: A felony conviction affects employment, housing applications, professional licenses, and immigration status
- Immigration consequences: Non-citizens convicted of public benefits fraud may face deportation or inadmissibility proceedings
Where Are CalFresh Fraud Cases Heard in Rancho Cucamonga?
Criminal cases involving Rancho Cucamonga residents are heard at the West Valley Justice Center, 8303 Haven Avenue, Rancho Cucamonga, CA 91730. The San Bernardino County District Attorney's office handles prosecution. Kirk Tarman has represented clients at this courthouse for over 25 years and is deeply familiar with how these cases are handled locally.
Defense Strategies in CalFresh Fraud Cases
Every case is different, but common defenses include:
Lack of intent. Fraud requires intentional misrepresentation. If the overpayment resulted from a misunderstanding, an administrative error, or a failure to receive notice of reporting requirements, there is no criminal fraud — only an overpayment subject to civil repayment.
Insufficient evidence. The prosecution must prove every element beyond a reasonable doubt. If the evidence of intentional misrepresentation is weak or circumstantial, the case may be challenged at the preliminary hearing or trial.
Unauthorized use by another person. In cases involving EBT card misuse, the account holder may not have been the person who misused the card.
Pre-filing intervention. If you have been investigated but not yet charged, contacting an attorney immediately can make a significant difference. Kirk Tarman can communicate with the District Attorney's office before charges are formally filed — in some cases, this results in No Complaint Filed (NCF), meaning no charge ever appears on your record. This window closes once charges are filed.
Negotiated resolution. In appropriate cases, a civil repayment agreement with the county may resolve the matter without criminal prosecution.
What Should You Do If You Are Contacted by an Investigator?
Do not speak to investigators without an attorney present. County welfare fraud investigators and DA investigators are trained to gather statements that can be used against you. You have the right to remain silent. Politely decline to answer questions until you have spoken with a criminal defense attorney.
Frequently Asked Questions
Can I be charged with CalFresh fraud even if I didn't know I was doing anything wrong?
The prosecution must prove intent. If you genuinely did not know you were required to report certain income or household changes, that is a meaningful defense. An experienced criminal defense attorney can evaluate whether the facts support an intent argument.
Will I have to pay the money back even if I am not convicted?
Possibly. California counties can pursue civil overpayment claims separately from criminal prosecution. Even if criminal charges are dropped, the county may still seek repayment through administrative proceedings.
Can this charge be expunged from my record?
A misdemeanor conviction may be eligible for expungement under Penal Code § 1203.4 after probation is completed. A felony conviction is more complicated. Kirk Tarman also handles criminal record cleanup — contact the office to discuss your specific situation.
What if the fraud was committed by a family member using my EBT card?
You may have a defense based on unauthorized use. The investigation will look at who accessed the account, where and when the card was used, and whether you had knowledge. These cases require careful fact-specific analysis.
Contact Kirk Tarman — Confidential Consultation Available 24/7
If you or a family member is under investigation or has been charged with CalFresh or food stamps fraud in Rancho Cucamonga or anywhere in San Bernardino County, contact The Law Offices of Kirk Tarman & Associates immediately.
Kirk Tarman has practiced criminal defense at the West Valley Justice Center for more than 25 years. He provides confidential, non-judgmental representation and will pursue every available defense on your behalf.
Written By Kirk Tarman | Criminal Defense Attorney | State Bar #203966 | Licensed 1999 | The Law Offices of Kirk Tarman & Associates
The information on this page is for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship. Laws and procedures change — contact our office directly for advice specific to your situation.