While theft in Florida is illegal, the state also sets out harsher penalties for taking from a person aged 65 or older. These penalties are listed out in Florida Statutes, Chapter 812, which covers theft, robbery, and related crimes.
Hernando County Elderly Theft Attorney
If you or a loved one have been charged with theft from a person 65 or older, you need to contact the experienced defense attorneys at The Law Office of Ashley Aulls, P.A. immediately.
Ashley Aulls serves Hernando, Citrus, or Sumter County and the surrounding areas, including Brooksville, Weeki Wachee, High Point, Hernando Beach, Hill ‘n Dale, Inverness Highlands, Sugarmill Woods, Lecanto, Wildwood, Lake Panasoffkee, and Bushnell.
Contact The Law Office of Ashley Aulls, P.A. at (352) 593-4115 as soon as possible after your arrest to immediately begin building your defense.
Information Center
- Theft From the Elderly
- Penalties for Elderly Theft
- Common Defenses Against Elderly Theft Charges
- Hire an Elderly Theft Defense Attorney in Hernando County, FL
Theft From the Elderly
Under Florida law, theft is defined as the unlawful taking of property with the intent to permanently deprive the owner of its use or benefit. This includes stealing, embezzling, or obtaining property by deception or false pretenses.
Florida statutes recognize that crimes committed against individuals aged 65 or older are particularly egregious. This category includes any person who is 65 years old or older at the time of the offense.
When the victim is 65 years of age or older, the law provides for enhanced penalties. This is a recognition of the vulnerability of elderly individuals and a means to deter crimes against them.
To be charged with theft from a person 65 or older, the state must prove:
- That you did indeed steal the object(s)
- That you had reason to believe that your intended target was 65 years or older
Penalties
The state reclassifies sentencing against the older population. For smaller quantities, the state promotes community sentencing, but higher quantities will result in much higher sentencing guidelines.
| Classification | Amount | Sentencing |
| N/A | >$1,000 | Up to 500 hours community service |
| Third-Degree Felony | $300 – $10,000 |
|
| Second-Degree Felony | $10,000 – $50,000 |
|
| First-Degree Felony | <$50,000 |
|
Common Defenses
Defending against charges of theft from a person aged 65 or older is the same as defending against general theft charges. Common defenses include:
- Lack of Intent: One of the primary defenses in a theft case is that the defendant did not have the intent to permanently deprive the victim of their property. If the defendant can show that the taking was accidental or that there was no intent to steal, this may negate the theft charge.
- Consent: If the defendant can demonstrate that the victim consented to the transfer of property or that there was a misunderstanding about the ownership or rights to the property, this may serve as a defense.
- Insufficient Evidence: A common defense is to argue that the prosecution has not provided sufficient evidence to prove the theft beyond a reasonable doubt. This could involve challenging the credibility of witnesses, the accuracy of evidence, or the overall case presented by the prosecution.
- Legal Ownership: Demonstrating that the defendant had a legal right to the property or that the property was not actually stolen can be a defense. This includes proving that the defendant had been given permission to take the property or that it was acquired lawfully.
Hire an Elderly Theft Defense Attorney in Hernando County, FL
Ashley Aulls serves Hernando, Citrus, or Sumter County and the surrounding areas, including Brooksville, Weeki Wachee, High Point, Hernando Beach, Hill ‘n Dale, Inverness Highlands, Sugarmill Woods, Lecanto, Wildwood, Lake Panasoffkee, and Bushnell.
Contact The Law Office of Ashley Aulls, P.A. at (352) 593-4115 as soon as possible after your arrest to immediately begin building your defense.