Like many other states, Florida has criminal laws on the books designed to protect the elderly and the disabled from getting swindled.
The need for these laws is clear. Senior citizens and disabled adults are in a vulnerable position. Unscrupulous people can gain their trust and then use their relationship to funnel their victims’ property to themselves or their friends.
However, Florida’s law against the exploitation of an elderly or disabled adult are very broad. In addition to prohibiting outright fraud or theft, the law also criminalizes certain legal and financial improprieties that traditionally were handled in the civil courts.
As a recent Broward County arrest shows, authorities can and will also file the exploitation charge in connection with other white collar criminal charges.
The penalties for a conviction for exploitation of the elderly are severe.
No matter the amount of money involved, a person will face a felony conviction and can spend up to 5 years in jail. They may also face a fine of $5,000 and may have to make restitution for all property allegedly taken. Even if they can avoid jail, a lengthy and costly term of probation is possible.
If the amount involved in the case is more than $10,000, then a person may go to jail for over a decade and will face a fine of up to $10,000.
Those accused of exploitation should make sure they know their options
Accusations of exploiting someone who is older or who has a disability will get the attention of both the authorities and the public.
Investigators and prosecutors do not always appreciate how family dynamics, simple misunderstandings or careless but certainly not criminal financial missteps play a role in these sorts of cases. It may be appropriate to put up a vigorous defense to an exploitation charge.
Sometimes, those accused of exploitation have made a mistake, often because they faced financial pressures and did not know where to turn. In these situations, it is still important that the person be treated fairly and not inappropriately made an example out of.
Anyone accused of exploiting a disabled or elderly person under Florida law should make sure they understand their legal options.