As I’m sure you know, Florida is an extremely popular place for people to spend all or part of their retirement. As such, the Florida legislature has passed many laws to specially protect the rights of the elderly, who may be more vulnerable to fraud and abuse. In fact, most criminal statues explicitly make a crime against the abuse of the elderly as an enhancement which raises the severity of the charge by at least one degree. For example, misdemeanor batteries become third-degree felonies if the alleged victim is over 65 years of age and aggravated assaults become second-degree felonies from third-degree felonies if the alleged victim is over 65 years of age. In addition to using age as an aggravating factor, there are a few laws that have been explicitly designed to protect the rights of the elderly. One such criminal offense is “Exploitation of an Elderly or Disabled Person”, Florida Statute 825.103. In broad strokes, the statute makes it an offense to knowingly misappropriate the property of an elderly person if the defendant has a special relationship with the elderly person (such as an accountant or caretaker) or if the defendant is a stranger, but knew or should have known that the elderly person is unable to consent. The latter offense is especially troubling because as an elderly person ages and declines, it becomes very difficult to determine at exactly which point the elderly person became unable to consent. Prosecutors and juries often look at the elderly person in their current diminished state and lack the ability to visualize how the elderly person may have appeared or conducted themselves at the time of the underlying transactions. If you have been charged with an offense such as senior abuse you need to reach out to an elderly abuse attorney immediately so that we can begin preparing your case and defending your legal rights!