If you have been charged with exploitation of the elderly in Florida then you may have a defense. Capacity to consent, meaning the alleged victim has the capacity to consent to your actions, and the fact that the funds were used solely for the alleged victim’s benefit are both defenses that are oftentimes successful when fighting exploitation cases. Even if you don’t think you have a defense, you should always speak to an attorney to make sure you have a full understanding of how the law applies specifically to your case. If you want to know more about satisfactory explanation or how to beat your dealing in stolen property case in Florida, then contact Matthew Williams now for a free consultation.
In Florida, exploitation of an elderly person or disabled adult is defined under Florida Statute 825.103. A person commits exploitation of an elderly person or disabled adult when they knowingly exploit an elderly person or disabled adult out of their fund, assets or property.
Exploitation of an elderly person or disabled adult can be committed any number of the following ways:
- When a person in a position of trust and confidence with an elderly person or disabled adult knowingly obtains or attempts to obtain their funds, assets or property with the intent to deprive them of the use, benefit or possession of the funds, assets or property.
- When a person in a business relationship with an elderly person or disabled adult knowingly obtains or attempts to obtain their funds, assets or property with the intent to deprive them of the use, benefit or possession of the funds, assets or property.
- When a person who reasonably should know an elderly person or disabled adult lacks the capacity to consent, knowingly obtains or attempts to obtain their funds, assets or property with the intent to deprive them of the use, benefit, or possession of the funds, assets or property.
- When a guardian, trustee, or agent under a power of attorney breaches their fiduciary duty and engages in an unauthorized appropriation, sale, or transfer of an elderly person or disabled adult’s property.
- When a person misappropriates, misuses, or transfers money from an elderly person or disabled adult’s personal account, jointly held trust account, or convenience account.
- When a caregiver or person in a position of trust and confidence intentionally or negligently fails to effectively use the income and assets of an elderly person or disabled adult for the person’s support and maintenance.
The penalty associated with exploitation of an elderly or disabled adult is determined based on the amount of money appropriated:
Exploitation of an elderly or disabled adult is a third-degree felony, meaning it is punishable by up to five years in prison, or up to five years of probation, and/ or a fine of up to $5,000 (you can also get a jail or prison sentence followed by probation, but the total length of the punishment cannot exceed five years), where the appropriated property is worth less than $10,000.
Exploitation of an elderly or disabled adult is a second-degree felony, meaning it is punishable by up to 15 years in prison, or up to 15 years of probation, and/ or a fine of up to $10,000 (you can also get a jail or prison sentence followed by probation, but the total length of the punishment cannot exceed 15 years), where the appropriated property is worth more than $10,000 but less than $50,000.
Exploitation of an elderly or disabled adult is a first-degree felony, meaning it is punishable by up to 30 years in prison, or up to 30 years of probation, and/ or a fine of up to $15,000 (you can also get a jail or prison sentence followed by probation, but the total length of the punishment cannot exceed 30 years), where the appropriated property is worth more than $50,000.
Criminal convictions, especially convictions for theft-related charges, carry severe consequences and can never be removed from your criminal record. If you are convicted of a felony, you will lose your right to vote, your right to own firearms, and your ability to maintain certain business licenses. You can also lose your ability to receive financial aid, your ability to live in certain places and your ability to obtain a passport.
If you need an attorney who will advise you, fight for your rights, and do everything possible to protect your future, or if someone you know has been charged with exploitation of the elderly in Florida and they need effective representation, then contact Matthew Williams now for a free consultation.