Senior Fraud | Penal Code § 368 (d) (e)

Description

Criminal charges for Senior Fraud may be brought against a person who knows or reasonably should know that an elder or dependent adult is under circumstances or conditions likely to produce great bodily harm or ordeal, or willfully causes or permits any elder to suffer, or inflicts unjustifiable physical pain or mental suffering, including a caretaker of an elder who violates any law proscribing theft, embezzlement, forgery, or fraud.

What does the prosecutor have to prove?

Felony: 1. Defendant is not a caretaker of an elder or dependent adult.
2. Defendant violated a provision of law proscribing theft or embezzlement, with respect to the property of an elder or dependent adult.
3. Defendant knew or reasonably should have known Victim was an elder or dependent adult.
4. The value of money, labor, or real or personal property taken is of a value exceeding nine hundred fifty dollars ($950).
Misdemeanor: 4. The value of money labor, or real or personal property taken is of a value less than nine hundred fifty dollars ($950).

Punishment

Felony: 2years/3years/4years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	Yes
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No