Exploitation of the Elderly or Disabled Persons
There may be various civil penalties for the abuse, neglect, or exploitation of an elderly or disabled person, and if you live in Florida, there could be criminal penalties too. To be sure, the state of Florida criminal code specifically names the crime of “exploitation of an elderly person or disabled person.” If you are facing criminal charges for this offense in Tampa, Brandon, or surrounding areas of Hillsborough County, Florida, contact our experienced criminal law attorney at All Criminal Defense Law Group, P.A. for counsel you can count on.
What Is Exploitation of the Elderly or Disabled in Florida?
The exploitation of an elderly or disabled person in Florida is a very serious crime. Under Florida Statute Section 825.103, exploitation of an elderly or disabled person is defined as:
- Knowingly using or obtaining, or intending and attempting to obtain and use, such person’s funds or assets with the intent of depriving the person or the funds/assets; or
- Breaching the fiduciary duty owed to the person when the breach results in the sale, transfer, or appropriation of asset/property that is unauthorized.
In the first definition, in which a person commits a crime of exploitation by using or obtaining an elderly or disabled person’s funds or assets, the person must:
- Have a relationship of trust with the elderly person; or
- Have a business relationship with the elderly person; or
- Reasonably know that the elderly or disabled person lacks the ability to consent (to the financial matter).
Penalties for Exploitation of an Elderly or Disabled Person Under Florida Law
The manner in which the crime of exploitation of an elderly or disabled person is classified in Florida depends on the amount of money involved. To be sure, Florida law explains that if the amount of money is:
- Less than $10,000, the crime is classified as a third degree felony;
- At least $10,000, but less than $50,000, the crime is classified as a second degree felony; and
- At least $50,000 or more, the crime is classified as a felony of the first degree.
Felony charges are very serious in Florida. To be sure, Florida Code 775.082 explains that in the state, a first-degree felony could be penalized by up to 30 years in prison. A second degree felony is punishable by a prison sentence of up to 15 years, and a felony of the third degree is punishable by up to five years in prison. Prison in itself is bad enough, but a criminal charge could also include fees that are charged, potential probationary periods, a requirement to pay restitution, a community service or education requirement, and more. Of course, a felony charge will remain on your criminal record for years to come–potentially for the remainder of your life–and could affect housing, employment, education, and more.
Contact All Criminal Defense Law Group, P.A. Today
If you are facing criminal charges for the exploitation of a disabled or elderly person, you need an attorney on your side. At the offices of All Criminal Defense Law Group, P.A. or talented Tampa criminal law attorney has decades’ worth of experience and success, and is ready to serve you. Contact us today for a free consultation.
