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Exploitation of an Elderly Person or Disabled Adult in Florida

As per Florida Statute §825.103 if a person intentionally takes advantage or exploits any disabled adult or an elderly person for their funds, property, or assets, then this criminal act is termed as an exploitation of a disabled adult or an elderly person.

There are several ways in which a disabled adult or an elderly person can be exploited, such as:

A person or individual is trusted by a disabled adult or an elderly person, and that person intentionally obtains or even tries to obtain those assets, property, or funds and the intention of that person is to deprive a disabled adult or an elderly person of the possession, benefit, or use of property, funds, or assets.

A disabled adult or an elderly person has a business relation with a person, and that person intentionally obtains or even tries to obtain those assets, property, or funds and the intention of that person is to deprive a disabled adult or an elderly person of the possession, benefit, or use of property, funds, or assets. 

A person who should be aware of the fact that an individual or an elderly person do not have the capacity or ability to consent and that person intentionally obtains or even try to obtain those assets, property, or funds and the intention of that person is to deprive a disabled adult or an elderly person from the possession, benefit, or use of property, funds, or assets.

A fiduciary duty is compromised by an agent, guardian, or trustee under a power of attorney, and they get themselves engaged in an unauthorized sale, appropriation or transfer of a property possessed by a disabled adult or an elderly person.

Money transferred, misused, or misappropriated by a person from the jointly held trust account, personal account, or convenience account of a disabled adult or an elderly person.

A person or caregiver who is entrusted with a responsibility and he/she fails (negligently or intentionally) to use the assets and income of a disabled adult or an elderly person for the maintenance and support of these persons.

Penalties for Exploitation of an Elderly Person or Disabled Adult

A person can be penalized for exploitation of an adult or an elderly person depending on the value of money, property, or assets appropriated. There are three different scenarios in this crime:

--Penalties for Exploitation of an Elderly Person or Disabled Adult where the total value is less than $10,000

In Florida, if a person exploits a disabled adult or an elderly person where the total value of the offense is less than $10,000, then it is considered as a felony of the third degree. Also, as per the Criminal punishment code of Florida, it is ranked as an offense of level 6. If a person is found guilty of these charges, he/she may face any of the following punishments:

Imprisonment up to five years
Probation up to five years
A fine amounting to $5000 

--Penalties for Exploitation of an Elderly Person or Disabled Adult where the total value is $10,000-$50,000

In Florida, if a person exploits a disabled adult or an elderly person where the total value of the offense is less than $10,000, then it is considered as a felony of the second degree. Also, as per the Criminal punishment code of Florida, it is ranked as an offense of level 7. If a person is found guilty of these charges, he/she may face any of the following punishments:

Imprisonment up to 15 years and a minimum of 21 months
Probation up to 15 years
A fine amounting to $10,000 

--Penalties for Exploitation of an Elderly Person or Disabled Adult where the total value is $50,000 or more

In Florida, if a person exploits a disabled adult or an elderly person where the total value of the offense is less than $10,000, then it is considered as a felony of the first degree. Also, as per the Criminal punishment code of Florida, it is ranked as an offense of level 8. If a person is found guilty of these charges, he/she may face any of the following punishments

Imprisonment up to 30 years
Probation up to 30 years.
A fine amounting to $10,000 

Defenses to Exploitation of an Elderly Person or Disabled Adult

Capacity to Consent

A person would not be charged guilty if it can be proved that a disabled adult or an elderly person was mentally capable of consenting to the transference of money, property, or assets. 

Funds Used Solely for Victim's Benefit

A person would not be charged guilty if it can be proved that alleged misappropriated funds were only used to give benefit to the victim. However, this defense is not available if it is proved that only some part of the alleged misappropriated funds were used for the benefit of the victim or defendant. 

Contact Criminal Defense Lawyer Larry Avallone

If you have been charged or arrested in the Daytona Beach area, contact Larry Avallone, who is an expert Criminal Defense Lawyer in Volusia County. My initial consultation is completely free. I am ready to provide legal advice regarding the next steps in your case.

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