Ernenwein & Johnson, LLP

Penalties for white collar crimes against elders, the disabled

White-collar crimes can bring with them serious penalties, and if you are among those currently facing a white-collar criminal charge in California, you may have concerns about what may happen to you, should that charge lead to a conviction. At Ernenwein & Johnson, LLP, we understand that the courts may be particularly tough on offenders who commit white-collar crimes against older Americans, and we have helped many people facing these circumstances work to protect their best interests.

According to the California Department of Justice’s Office of the Attorney General, California Penal Code 368 sets the guidelines governing the penalties faced by offenders who commit white-collar crimes against the elderly. As you might imagine, the penalties you can expect to face for a white-collar crime against an older adult will vary based on certain factors, such as the severity of your crime and the relationship you had with the person you committed the crime against.

If, for example, you do not hold a caretaker role over an older individual, but you commit theft or embezzlement against this person while you are aware of this person’s old age, you could face serious consequences. If the value of what you took exceeds $950, you could wind up facing up to four years in jail or prison and a $1,000 fine. If, however, the property you took was worth less than $950, you could still face up to a year in county jail and the same $1,000 fine.

If you also held a caretaker role over the person you offended against, your penalties may prove even more serious. In addition to the fines and jail time outlined above, you could also wind up with a misdemeanor or felony on your record, the latter of which could affect numerous areas of your life for the foreseeable future. You can find more about criminal defense on our webpage.

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