Stephen G. Cobb - Florida Criminal Defense Lawyer

Protecting The Elderly And Disabled

Most of the people who are entrusted with the care of the elderly and disabled in the state of Florida do a wonderful job. It is back-breaking, heart-wrenching and often thankless work, but the people who receive this care each and every day of their lives could not survive without it. But, every now and then there is one bad apple, one person who will sink to the lowest and succumb to the temptations of greed and poor moral judgment. These people are the ones who will destroy the last shred of trust a person might have in their body and steal not only money and possessions but dignity and the sense of security and well being that may never be able to be replaced.

The Florida criminal law attorney who is assigned to such a case will look at many aspects – regardless of which side he has been hired to represent. For instance, he will have to decide whether it is a simple case of pure burglary (with the age of the victim still stipulated) or if it is a more serious offense of criminal abuse – the willful act of trying to cause or be caused, physical, financial or emotional harm to the victim. In the case of the former, the penalties are likely to be much more severe if convicted.

Looking at the age or mental status of the victim will probably be the first cause of action undertaken by the Florida criminal defense attorney. Florida law defines persons as elderly and/or disabled as those who are age 60 or older with physical, emotional or organic brain impairments that do not permit average and normal functioning without assistance. A disabled person is defined as someone who is 18 years or older suffering from same said ailments.

Computer based crimes can be very difficult to detect and to prove under not only Florida law, but also Federal and international laws as well. There may be cases where the separate branches of government are all fighting for the right to prosecute, especially when the case involves security or financial records of any kind.

Being entrusted with the care of the elderly and the disabled is a major responsibility and not one to be taken lightly. It should be noted that any crime against an elderly or disabled victim may be punishable by higher fines or increased jail time.

Stephen G. Cobb, Esq.

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