ARRESTED? INVESTIGATED?
ARRESTADO? INVESTIGADO?
The population is gradually becoming older on average across the U.S., as it is in other advanced countries. The incidence of elder abuse, either in institutions like residential care homes or in the elder’s own home has been on the increase. Elder abuse in Florida is a felony crime with quite severe penalties including a prison sentence. If you work in an institution where elderly residents are cared for, you may find that you are accused of elder abuse. Considering the serious consequences of a conviction for this crime, you will need effective and determined legal representation by a Miami criminal defense attorney.
How elder abuse is defined
It is a criminal offense in Florida, according to Florida statute 825.102, if you have been found causing emotional or physical abuse to an elderly person. The crime is defined by the following:
The degree of severity is determined by the extent of any harm done to the elderly person. If there is nothing visible that can be detected, then the crime may be a third degree felony. If physical harm is detected, then the crime may be considered a first degree felony.
Penalties for elder abuse
If you have been convicted of elder abuse, the penalties include both imprisonment in a state prison, as well as a fine. For a third degree felony elder abuse conviction you can expect up to five years in prison and $5,000 in fines. For a first degree felony conviction, you could face up to 30 years in a state prison as well as a fine of up to $10,000.
Prosecutors, as well as society in general, and juries, tend to take a dim view of elder abuse, and any alleged victim of elder abuse is often viewed very sympathetically. This makes defending anyone accused of this crime particularly difficult. Both the police and Florida’s Department of Elder Affairs are involved in investigating possible cases of abuse or neglect and filing charges.
Related offenses
There are related crimes in Florida which either involve abuse or neglect of elderly people or the disabled. For example, aggravated elder neglect is defined as the deliberate neglect of an elderly person leading to their psychological or physical harm. It is a second degree felony charge and can result in a prison sentence of up to 15 years.
There are also other offenses, such as abuse of a disabled person, defined as a person aged between 18 and 61, which come under the same statute as elder abuse. There are also offenses related to financial abuse of an elder. It is a second degree felony if it can be proved that you have obtained between $20,000 and $100,000 from an elder and a first degree felony if the amount taken is more than $100,000.
It is recommended that you have a criminal defense attorney representing you if accused of elder abuse
Elder abuse or neglect are very serious crimes in this state. You cannot risk losing your job, your freedom, or your future because of a crime you did not commit or because there is insufficient evidence that you committed it.
Contact Albert Quirantes, Esq. Criminal DUI & Ticket Lawyers as soon as possible at 305-644-1800.
An accusation of elder abuse can threaten your freedom, career, family relationships, and reputation. You may be a relative, caregiver, nurse, home health worker, or person trusted to handle money. A medical emergency, disputed transfer, or disagreement over care can become a criminal investigation before you understand what conduct is being alleged.
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You do not have to navigate a sensitive criminal accusation without a plan. Early legal representation can help preserve care records, clarify disputed transactions, and protect you from avoidable mistakes during interviews and court proceedings.
Call or text 305-644-1800 to schedule a free strategy session with Albert Quirantes, Esq. Criminal DUI & Ticket Lawyers. Let us review the accusation, explain your options, and discuss hiring our Miami criminal defense team to prepare your defense.
Albert Quirantes, Esq. Criminal DUI & Ticket Lawyers represents people accused of elder abuse, neglect, and financial exploitation in Miami-Dade. We defend criminal cases arising in Miami, Hialeah, Miami Beach, Doral, Coral Gables, Homestead, North Miami, and surrounding communities.
Call or text 305-644-1800 for a free strategy session. Bring the arrest report, notices, care records, financial documents, and court orders you have. We can identify the allegation, explain your options, and discuss retaining our firm to prepare your defense.
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Florida Statute 825.102 addresses abuse, aggravated abuse, and neglect of an elderly person or disabled adult. These are distinct accusations with different requirements. The prosecutor must prove the charged offense, not simply that a family disagrees with a caregiver’s choices.
Abuse can involve intentional injury, an intentional act reasonably expected to cause injury, encouragement of such conduct, or certain unlawful isolation from family. Aggravated abuse includes specified severe conduct or harm. Neglect concerns a caregiver’s failure to provide essential care or reasonable protection and requires the applicable willfulness or culpable negligence.
Under Florida Statute 825.101, “elderly person” requires age 60 or older plus aging-related infirmities or dysfunction that impair adequate care or protection. Age alone does not establish that definition. A “disabled adult” is at least 18 and meets the statute’s incapacity or daily-living limitation criteria; there is no upper age cutoff.
We examine medical history, functional ability, and the person’s circumstances at the relevant time. We also review whether the accused had the caregiving responsibility or relationship required for the prosecution’s particular theory.
Florida Statute 825.103 covers several forms of exploitation, including specified misuse of assets, fiduciary breaches, unauthorized account transfers, and certain failures to use resources for necessities. The required intent or fault depends on the subsection charged; not every theory requires identical proof.
Joint-account access, a power of attorney, or a claimed gift does not automatically resolve the case. We examine authority, capacity, fiduciary duties, who supplied the funds, and the purpose of each transaction. Records showing authorized compensation, repayment, necessary expenses, or a valid gift can matter, but each explanation must be tested against the actual legal theory and evidence.
Under Florida Statute 825.103, exploitation involving less than $10,000 is a third-degree felony; $10,000 to under $50,000 is a second-degree felony; and $50,000 or more is a first-degree felony. These thresholds differ from ordinary theft thresholds.
An audit should distinguish disputed losses from authorized expenses and properly value the transactions at issue. A family’s estimate should not substitute for a documented accounting.
Under Florida Statute 825.102, abuse without the specified severe harm is a third-degree felony; aggravated abuse is a first-degree felony. Neglect is a second-degree felony when it causes the specified severe harm and a third-degree felony without that harm. Visible injury alone does not decide the degree.
Ordinary maximum penalties under Florida Statute 775.082 and Florida Statute 775.083 include up to five years in prison and a $5,000 fine for a third-degree felony, up to 15 years and a $10,000 fine for a second-degree felony, and up to 30 years and a $10,000 fine for a first-degree felony. Sentencing laws and enhancements can affect the actual exposure.
Other consequences may include restitution, probation, restrictions on contact or employment, and professional licensing concerns. If you are not a U.S. citizen, proposed pleas require appropriate immigration review before you make a decision. No sentence or outcome should be assumed from the charge label alone.
Adult protective investigations are addressed in Florida Statute 415.104. A protective concern or agency finding does not by itself establish criminal guilt. Criminal investigators and prosecutors must address the elements and evidence required for the charged offense.
Related proceedings may involve guardianship, workplace discipline, professional licensing, or an exploitation injunction under Florida Statute 825.1035. Tell your lawyer about every notice, interview request, and order. Statements made in one setting can affect another.
Follow all contact and protective orders until the proper court changes them. Do not contact the complainant, move money, or alter arrangements in an attempt to settle the matter without legal advice. A complainant’s request to drop the accusation does not control the prosecutor’s decision.
Preserve medication logs, care plans, staffing schedules, messages, photographs, bank statements, receipts, contracts, and powers of attorney. Save existing records in their original form. Do not create backdated notes, delete messages, or ask anyone to change an account of events.
You can assert your right to remain silent about potentially incriminating matters and request an attorney before answering questions from police or government agents, while complying with lawful identification and document requirements. Clearly exercising that right and limiting voluntary statements can help avoid providing incriminating evidence through your own words. Do not assume every agency interview is confidential or that every roadside question requires Miranda warnings.
Arrange a free strategy session promptly so we can evaluate interview requests, preserve evidence, and identify urgent court obligations. If another person needs immediate medical attention, do not delay emergency assistance.
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We separate abuse, neglect, and exploitation theories and examine the alleged victim’s statutory status. In neglect cases, we review the accused person’s actual duties, shift, authority, available resources, and what responsibility had been entrusted or assumed.
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We compare the allegation with records of falls, underlying illnesses, medication effects, skin conditions, mobility limitations, and prior injuries. Qualified medical review may be needed to evaluate timing and causation. A photograph should be considered alongside the full clinical history.
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We reconstruct what the accused knew, what instructions were given, what help was requested, and what actions were taken. A bad outcome does not replace proof of the mental state required by the charged provision. We assess the difference between criminally punishable conduct and other explanations supported by the records.
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We review the source and destination of funds, account agreements, gift records, contracts, reimbursements, and fiduciary obligations. A transaction-by-transaction review can reveal whether the accusation ignores authorized spending or attributes someone else’s conduct to the client.
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We compare statements with contemporaneous messages, access records, staffing documents, surveillance, and body-camera footage. Family conflict or a witness’s limited opportunity to observe may matter, but the defense must support its position with evidence rather than assumptions about motive.
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We evaluate searches, interviews, identification, and the foundation for records. When supported by the facts and law, we can seek exclusion of evidence or other appropriate relief. We prepare for litigation while reviewing lawful negotiation options; a dismissal, reduction, or particular result is never automatic.
A teenager may be accused after a family confrontation, an alleged theft, or another incident involving an older person. Being under 18 does not remove the need to examine the charge, evidence, and victim’s statutory status.
Juvenile proceedings differ from adult criminal cases. Direct filing in adult court can be an issue under Florida Statute 985.557, depending on age and the alleged offense. Counsel should evaluate that risk early.
Prearrest delinquency citation programs under Florida Statute 985.12 address qualifying misdemeanors. The felony elder abuse charges discussed above should not be presented as automatically eligible for such a program. Other juvenile options require review of the exact charge, history, evidence, and applicable program rules.
We work with the young person and family to preserve the defense, address release conditions, and evaluate school, counseling, and family circumstances. Parents should not coach answers or assume that a juvenile interview is harmless.
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We review reports, interview requests, protective notices, and records before the accusation becomes harder to address. Early work may preserve evidence and clarify whether police have mistaken a medical event, financial arrangement, or another person’s conduct for the client’s actions.
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If an arrest occurs, counsel evaluates release, restrictions, and the prosecutor’s charging decision. Bring all related court orders. Follow every condition, including restrictions involving the alleged victim, residence, work, or finances.
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We review medical and financial records, witness statements, recordings, and agency materials. Depending on the evidence, counsel may pursue appropriate motions, negotiations, or available programs. You decide whether to accept a plea after understanding the consequences.
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If the case proceeds to trial, the State must prove the charged offense beyond a reasonable doubt. Other possible dispositions depend on the facts, law, and procedural posture. We explain the choices and prepare your defense accordingly.
You need a criminal defense team that can examine sensitive medical and family facts without overlooking the evidence required for a conviction. Albert Quirantes has practiced criminal defense for more than 35 years, represented more than 8,000 clients, and handled numerous jury trials. The firm has over 1,400 five-star Google reviews and serves clients in English and Spanish.
Our team includes Stephen Millan, a former Miami-Dade Circuit Court judge and former prosecutor; Arthur Spiegel, a former prosecutor and public defender with more than 40 years of experience; Jorge E. Alonso, a bilingual attorney with more than 40 years of experience; and criminal defense trial lawyer Jonathan Ibañez, whose work includes legal technology and AI-based defenses.
Albert Quirantes, Esq. Criminal DUI & Ticket Lawyers is located at 1815 NW 7th Street, Miami, FL 33125. We offer clear fees and payment plans for many budgets. During your free strategy session, we can discuss what representation would involve and how our firm can help you address the investigation or prosecution.
No. The defense should examine the statutory definition, the charged conduct, and the supporting evidence. Age is only part of the analysis under Chapter 825.
No. Counsel must review the particular aggravated-abuse theory and alleged harm. A visible injury alone does not establish aggravated abuse.
It can be important evidence of authority, but it is not blanket permission for every transaction. Counsel should review its terms, fiduciary duties, capacity issues, and the transactions alleged.
Get legal advice before a substantive interview. An incomplete explanation can become evidence and create inconsistencies with records you have not yet reviewed. Preserve records and follow lawful orders.
The family’s wishes may be relevant, but they do not control a criminal prosecution. Do not pressure anyone or violate a contact restriction in an effort to obtain a withdrawal.
Eligibility depends on the exact offense, disposition, history, and statutory exclusions, including Florida Statute 943.0584. Do not assume a withhold of adjudication makes the record eligible. We can review the specific outcome before you rely on that possibility.
We can request permission to appear or resolve an eligible matter in your absence and prepare appropriate affidavits or written authorities. Court approval is required where applicable; these documents do not excuse a mandatory appearance or override an order.
You do not have to navigate a sensitive criminal accusation without a plan. Early legal representation can help preserve care records, clarify disputed transactions, and protect you from avoidable mistakes during interviews and court proceedings.
Call or text 305-644-1800 to schedule a free strategy session with Albert Quirantes, Esq. Criminal DUI & Ticket Lawyers. Let us review the accusation, explain your options, and discuss hiring our Miami criminal defense team to prepare your defense.