Crimes against the elderly….and the consequences

Attorney Peter D Aiken
Sarasota 941-366-3506
Ft. Myers 239-334-8890

Here in Sarasota we have a large number of elderly residents. Consequently, there are a large percentage of arrests involving elderly victims.

One of the most commonly charged offenses is battery on a person over 65. If you hit or slap someone, it is a misdemeanor. In domestic violence cases, family members, spouses, brothers and sisters are often charged with domestic battery. If the person struck is over sixty five years old, the State has the option of charging it as a felony. If the elderly person is badly hurt, the aggressor will in all likelihood get a felony arrest. Sadly, many old people because of their attitude as they age, are the aggressors and provoke confrontation. Just because they are old does not mean they are nice. Many times you have elderly couples in their seventies or eighties that get in fights. My goal where possible is the end the ordeal for both parties. Early dementia can result in confrontations ending badly. Early diagnosis and counseling and treatment is a much better option than jail.

Another commonly charged crime involves family members taking advantage of the elderly financially. It is common for care providers to trick the elderly into writing checks or making payments that are unjustified. Over the years, I have defended professionals, such as lawyers or trustees who are alleged to have taken advantage of their fiduciary relationship. The problem that arises is that old people suffer memory lapses and often do not remember authorizing a transaction or making a payment. Jealous relatives come along later and accuse the caretaker of an impropriety when in fact it was legitimate. Money can motivate a false accusation by a relative seeking the money for themselves.
Here in Sarasota it is also common for people doing home improvements or repairs to over sell or overcharge and elderly person. These types of cases are tough for the State to prosecute and tough for the defense in that there is sympathy for any old person taken advantage of.

In the last ten years I have seen an increase in sex crimes involving the elderly. I have defended many grandfathers charged with a lewd and lascivious touching of a grandchild. Age sometimes does strange things to men. They may have led a perfect life and then in their seventies, something “snaps”. Some elderly men end up on the Internet and get charged with traveling to meet a minor as a result of a sex sting operation. These cases are particularly sad.
If you have a relative or friend charge with a crime involving the elderly and want to talk, call my office in Sarasota for a free consultation at 941 366 3506

Embezzlement,the Other Side of the Story

Aiken O’Halloran and Banyai
Ft. Myers Criminal Defense Lawyers
239-334-8890
Punta Gorda 941-639-6009
Sarasota 941-366-3506

January 25, 2017

Most people who get charged with grand theft for stealing from their employer did not start out with the intent of stealing.

Most people who get charged with grand theft for stealing from their employer did not start out with the intent of stealing.

Many times a cashier, a bookkeeper, a salesman or another trusted employee will make a terrible mistake in judgment and pocket a small amount of money with the absolute intent to return it.

There are other instances where a person is falsely accused of stealing because a fellow employee who knows how to work the system has actually taken the money. These are the really sad cases because an arrest for a crime you did not commit will damage your reputation terribly. You can find your face on Mugshots and even if you get your case dismissed it will still be there. I have been handling employee theft and embezzlement cases for over thirty years. As a criminal defense attorney, if I am lucky enough to get into the case early, often restitution can be arranged before criminal charges are filed thus avoiding and arrest and criminal prosecution. Often the Employer feels betrayed if it was a trusted employee and the first step is to show remorse on behalf of the employee.

We may be able to intervene in these cases and work out a situation to avoid and embarrassing arrest.

Hiring an attorney before you are arrested often can make a huge difference in resolving a bad situation. If we get in early enough we may be able to negotiate a payback plan that makes the employer whole and keeps a person out of the criminal justice system. If you have been fired and are under investigation for embezzlement, call today for a free consultation before it is too late to avoid criminal charges being files.

Sean O’Halloran: Ft. Myers 239-334-8890

Peter Aiken: Sarasota 941-366-3506

Andrew Banyai: Punta Gorda 239-639-6009

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