Get Help from a Santa Ana Criminal Defense Attorney if You Are Facing Charges of Financial Elder Abuse

Get Help from a Santa Ana Criminal Defense Attorney if You Are Facing Charges of Financial Elder AbuseAs our population ages and more individuals are forced to place their parents, grandparents, and other loved ones in nursing homes, elder abuse is becoming a bigger issue in our culture. In a nursing home, a private residence, or another setting, elder abuse can take many different forms, such as physical or sexual abuse, as well as financial exploitation.

If you have been accused of or charged with elder abuse or nursing home abuse, you need help from a Santa Ana criminal defense attorney. You can request a free legal consultation by calling Chambers Law Firm at 714-760-4088.

Financial elder abuse

The theft or misappropriation of money or other assets from an elderly person constitutes financial elder abuse. A senior in California is someone who is 65 years of age or older. Despite the fact that family members are typically accused of abusing elderly people financially, many people who work in nursing facilities have also been charged with this offense.

The prosecution has an uphill battle to prove financial elder abuse

A prosecutor must demonstrate four different factors to establish senior or elder fraud as a crime:

  1. That the person committed a financial crime, such as theft or fraud
  2. That the elder’s property was involved in the crime
  3. That the person was the elder’s carer
  4. The person was an elder, something the person knew or should have known

To put it another way, a prosecutor must first be able to demonstrate that a defendant committed a specific financial crime in order to convict them of elder fraud (such as forging a check). Then they must show that the claimed victim met California law’s definition of an elder. The prosecution must be dropped if the prosecutor cannot prove their case. A Santa Ana criminal defense attorney can help show errors in the prosecutions’ case.

Many people can face charges for elder abuse

When elder financial fraud occurs at a nursing home, it is conceivable that others other than those who were directly involved in the scam may also face charges. In some circumstances, a supervisor or even an owner may also face charges if they were aware of, approved of, or even took part in the fraudulent activities.

For instance, a supervisor may face charges of nursing home abuse if they knew an employee was stealing from patients but permitted it to happen because the individual put in extra time without requesting overtime compensation.

Financial elder abuse can be charged as a felony or a misdemeanor

When money or property worth $950 or less is involved in nursing home abuse involving financial fraud, the offense is a misdemeanor. It is punished by up to a $1,000 fine and/or a year in county prison. It is a wobbler, which means that it can be prosecuted as either a misdemeanor or a felony, for items or money worth at more than $950. The case’s circumstances and the defendant’s criminal history will determine whether to charge the defendant with a felony or misdemeanor. If found guilty of a felony, the sentence is between two and four years in county jail and/or a fine of up to ten thousand dollars.

You will want the services of an experienced Santa Ana criminal defense attorney if you have been accused of elder financial fraud. Call Chambers Law Firm at 714-760-4088 or email dchambers@clfca.com right now to arrange a free first consultation with a qualified attorney.

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