Theft from Elder or Dependent Adult attorney in SAN RAFAEL 

What You Need to Know

Being charged with stealing from an elderly person or dependent adult is a serious matter and can result in up to several years in prison plus significant fines. Here's what you need to know if you're charged with this crime and what you can do to defend yourself.

What is Theft from an Elder or Dependent Adult?

Theft from an elder or dependent adult is a unique type of theft requiring several major proofs for conviction. According to California Penal Code 368 (d and e):

• The defendant has to commit theft, forgery, embezzlement, fraud, or identity theft, all of which are variations on the primary crime of stealing AND
• The property or personal identifying information taken by the accused thief must be owned by an elder or dependent adult

The accused may either be the caretaker or should be able to reasonably understand that the owner of the property was an elder or dependent adult. In other words, this type of thievery is not limited only to elderly caretakers.

In the eyes of the court, an elder is anyone over the age of 65. A dependent adult is anyone between 18 and 64 years old and who has a mental or physical limitation that restricts their abilities to carry out normal activities.

What Possible Penalties Exist?

Cases may be tried as either misdemeanors or felonies. PC 368 cases are normally tried as misdemeanors unless the dollar amount of the personal information or property is greater than $950, in which case the prosecution can press the charge as a felony charge.

If convicted under a misdemeanor charge, the defendant may be subject to:

• Up to a year in county jail
• Fines of up to $6000

If convicted under a felony charge, the potential penalties are much more severe. Defendants may be subject to:

• Imprisonment and the above fines
• State imprisonment for between two and four years