How Do You Defend Against Allegations of Elder Exploitation in Florida?

Being accused of exploiting an elderly person can be overwhelming, especially when the allegation involves money or property. You may be wondering whether you could be arrested, charged, or even sent to jail. But an accusation alone does not prove guilt. Florida law requires the State to prove its case beyond a reasonable doubt, and there may be defenses worth exploring.

Challenging Whether the Conduct Meets the Law

One potential defense is showing that the alleged conduct does not satisfy the legal definition of exploitation. Florida Statute section 825.103 covers several forms of exploitation involving the elderly or disabled. The specific requirements depend on the conduct alleged.

For instance, claims of financial exploitation need evidence showing that the accused intentionally acquired or used the elderly individual’s money or assets to deprive the person of its use, benefit, or ownership, or benefit another person.

If the evidence does not establish these required elements, the State may have difficulty proving the charge.

Showing That the Transaction Was Authorized

Authorization can be important in cases involving money or property. An accused person may have had permission to make a particular purchase, withdraw funds, manage an account, or handle financial matters for the elderly person.

Documents, account records, written agreements, communications, or other evidence may help establish what permission was given and how the money or property was supposed to be used.

Having access to someone’s finances, however, does not automatically establish authorization for every transaction. The specific circumstances matter.

Challenging the Alleged Intent

Intent can also be an important issue in an elder exploitation case. Most forms of exploitation under Florida law require the State to prove that the defendant acted with a specific intent involving the elderly person’s money or assets.

If the evidence does not show the required intent, that may provide a basis for challenging the allegation. Evidence showing that the money was used for the elderly person’s benefit may also be relevant.

Examining the Financial Evidence

Financial exploitation cases often involve bank statements, checks, electronic transfers, credit-card records, receipts, and other financial documents. These records should be carefully examined.

A transaction that appears suspicious on its own may have an explanation when other records are considered. A defense may therefore involve reconstructing the transactions and determining who authorized them, where the money went, and whether the elderly person received the intended benefit.

There is no single defense that applies to every allegation of elder exploitation. The appropriate strategy depends on the alleged transaction, the relationship between the parties, the available records, and what the State can actually prove.

If you are facing an elder exploitation investigation or charge, speaking with a Florida criminal defense attorney before making statements to investigators can help you understand your rights and evaluate the defenses available to you.

Contact an Orlando Criminal Defense Lawyer

If you are accused of elder exploitation in Florida, do not face the allegation alone without understanding your legal options. An experienced Orlando criminal defense lawyer at Joshi Law Firm, P.A. can examine the evidence and help develop a defense based on the specific facts of your case.