When a person is accused of stealing money, labor, real property or personal property from an elderly person or disabled adult, then the criminal offense of Theft from an Elder or Dependent Adult under the California Penal Code § 368 can be charged. The theft can also involve embezzlement, forgery, fraud, or identity theft.
The term “elder” is defined in California’s theft statute as an adult who is at least 65 years old. The term “dependent adult” is defined as someone who is between 18 and 64 years old and has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights. The definition includes an adult who has physical or developmental disabilities or whose physical or mental abilities have decreased because of age.
A dependent adult is also someone between 18 and 64 years old who is an inpatient in a psychiatric or health facility or a chemical dependency recovery hospital, or another type of type of health facility under the California Health & Safety Code § 1250 that provides 24-hour inpatient care.
A caretaker is someone who has the care, custody, or control of an elder or dependent adult, or someone who stands in a position of trust with an elder or dependent adult.
Attorney for Elder or Dependent Adult Theft in San Francisco, CA
If you were charged under the California Penal Code § 368 with theft from an elderly person or disabled adult, then contact the experienced criminal defense attorneys at Ticket Crushers. We represent clients throughout the City and County of San Francisco.
Our offices are conveniently located on Geary Boulevard near Park Presidio in San Francisco, CA. We fight theft cases at the Hall of Justice Building for cases throughout the City of San Francisco and the surrounding areas. We also represent clients charged with a wide variety of theft crimes in Alameda County, Santa Clara County, San Mateo County, and Contra Costa County, CA.
Let Ticket Crushers put our experience to work for you. Call 1 (866) 842-5384 today to discuss your case.
Elements for Theft from the Elderly or Disabled under Section 368
Under the California Penal Code § 368, the elements of theft from an elderly person or disabled adult include proof beyond all reasonable doubt of the following:
- The defendant committed theft, embezzlement, forgery, fraud, or identity theft
- The property taken or personal identifying information used was owned by or was the property of an elderly person or a dependent (disabled) adult
- When grand theft is alleged, it must be proven that the property, goods, or services obtained was worth more than $950
- The defendant knew or reasonably should have known that the owner of the property or person to whom the identifying information belonged was an an elderly person or a dependent (disabled) adult, or
- The defendant was a caretaker of the elder or dependent adult
The jury instructions for Theft from Elder or Dependent Adult under Penal Code §§ 368(d) and (e), can be found in Judicial Council of California Criminal Jury Instruction 1807.
Additional Resources
Financial Elder Abuse Investigations by the San Francisco Police Department — Visit the website of the San Francisco Police Department to learn more about financial elder abuse investigations by the department’s Financial Crimes Unit. The unit is tasked with the investigation of financial crimes of the elderly and disabled, including theft by false pretense or deceit, Internet fraud, real estate and notary fraud, embezzlement, false financial statements, forgery, and identity theft.
Finding an Attorney for Theft from the Elder Cases
If you were charged with any type of theft, larceny, or embezzlement from an elderly or disabled person in San Francisco, CA, then you should know that the charges are very serious. Contact an experienced criminal defense attorney at Ticket Crushers to discuss your case and possible defenses that may apply.
Find out what you need to do right now to protect your rights. Call 1 (866) 842-5384 today to discuss the case with our experienced theft crime attorneys in San Francisco, CA. Let us put our experience to work for you.
