It may be charged as either a felony or a misdemeanor, depending on the value of the items taken
Elder abuse is a growing problem in our society, particularly as our population ages and many people have little choice but to put their parents, grandparents and other loved ones in a nursing home. There are various types of elder abuse that may take place in a nursing home, a private home, or another facility, including physical or sexual abuse, or even financial exploitation.
Financial elder abuse involves the theft or embezzlement of money or other property from a senior. Under California law, a senior is defined as a person who is 65 or older. Although the majority of financial elder abuse cases involve allegations that a family member exploited a vulnerable elder, many individuals working at nursing homes have also been accused of this crime.
To prove that an individual committed the crime of senior or elder fraud, a prosecutor must prove four separate elements:
- That the individual committed a financial crime, such as theft or forgery;
- That the property involved in the crime belonged to an elder; and
- The individual was a caregiver for the elder; or
- The individual knew or reasonably should have known that the individual was an elder.
In other words, to convict a person of elder fraud, a prosecutor must first be able to prove that they committed a specific financial crime (such as forging a check). Then they also must demonstrate that the alleged victim was an elder under California law. According to a nursing home abuse attorney in Los Angeles, CA, if the prosecutor cannot meet their burden, then the charge must be dismissed.
When elder financial fraud takes place in a nursing home, it is possible that other people beyond those directly involved in the fraud may be charged with the crime. In certain cases, if a supervisor or even an owner knew about, condoned, or even participated in the fraudulent actions, then they may be charged as well. For example, if a supervisor knew that an employee was stealing from patients, but allowed it to happen because the employee worked overtime without asking for extra pay, they may also be charged with nursing home abuse.
When nursing home abuse involving financial fraud involves property or money valued at $950 or less, then the charge is a misdemeanor. It is punishable by a year in county jail and/or a fine of up to $1,000. For property or money valued at over $950, it is a wobbler, which means that it can be charged as either a misdemeanor or a felony. The charging decision will depend on the facts of the case and the defendant’s criminal history. If charged as felony, the penalty is between 2 and 4 years in county jail and/or a fine of up to $10,000.
If you have been charged with elder financial fraud, you will need a skilled nursing home abuse attorney in Los Angeles, CA to represent you. The Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with an experienced lawyer.
