Theft is an offense where the penalties a convicted person faces depend on several factors, mainly the value of the money or items involved in the offense. In Florida, however, stealing from elderly individuals aged 65 and older further enhances the penalties one could face on conviction.
The degrees of theft from the elderly
Generally speaking, the offense of theft from persons 65 and older is treated as if the crime was one degree higher. The criminal degrees for elderly theft are:
- Funds, assets or property stolen from a person 65 or older is $300 or more, less than $10,000: The offense is a felony of the third degree. By comparison, theft of $100 or more, less than $750 from someone below 65 is a misdemeanor of the first degree.
- Funds, assets or property stolen from a person 65 or older is $10,000 or more, less than $50,000: The offense is a felony of the second degree. By comparison, a theft of $10,000 to $20,000 from a person under 65 would’ve been a felony of the third degree.
- Funds, assets or property stolen from a person 65 or older is $50,000 or more: The offense is a felony of the first degree.
Elderly theft is a grave offense that’s punishable by fines, imprisonment and even community service.
The penalties for elder theft
If a court convicts a person of stealing from someone 65 or older, the person faces severe penalties. These penalties are:
- Third-degree felony theft: Up to five years of imprisonment, $5,000 in fines.
- Second-degree felony theft: Up to 15 years of imprisonment, $10,000 in fines.
- First-degree felony theft: Up to life imprisonment and $10,000 in fines.
The sentencing judge may also order the convicted person to make restitution to the elderly victim and to perform as much as 500 hours of community service work in addition to any fine or sentence.
It’s a serious criminal offense to steal from someone, but the criminal penalties for theft become even more severe if the victim is an elderly person. The enhanced criminal degrees also mean that what would’ve been a misdemeanor theft offense can instead appear as a felony of the third degree on a person’s criminal record.
Anyone facing charges for elderly theft should remember that a legal professional may be able to help them. An attorney can advise you of your defense options in court and represent you during the hearing.