Florida law imposes significantly harsher penalties for theft offenses when the alleged victim is 65 or older. If you’re facing grand theft charges involving a senior in Martin County or Stuart, you’re not just dealing with a basic property crime—you’re now up against enhanced felony charges that could result in longer prison sentences, higher fines, and long-term consequences. This guide breaks down what you need to know—and why working with a skilled criminal defense attorney from The Law Offices of Robert David Malove could make all the difference.
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Why Are Penalties for Grand Theft Harsher When the Victim Is Over 65?
Florida law provides special protections for seniors, recognizing that people over the age of 65 may be more vulnerable to theft and financial abuse. Because of this, crimes involving elderly victims often come with enhanced penalties—especially when the value of the stolen property exceeds a certain threshold.
Under Florida Statute § 812.0145, if you're accused of stealing from someone aged 65 or older and the value of the stolen property is:
- $50,000 or more, it’s a first-degree felony (up to 30 years in prison)
- $10,000 or more but less than $50,000, it’s a second-degree felony (up to 15 years in prison)
- $300 or more but less than $10,000, it’s a third-degree felony (up to 5 years in prison)
These charges carry fines and could also lead to a permanent criminal record that affects future employment, housing, or even your civil rights.
What About Restitution? Will I Have to Pay It Back?
Restitution is required in these elder-victim theft cases if more than $1,000 was stolen. The court can also order up to 500 hours of community service in addition to any sentence or fine.
If you’re unable to pay restitution upfront, the court might set up a payment plan. Failing to comply can result in probation violations or additional penalties.
What Defenses Are Available for Grand Theft Involving Seniors in Martin County?
Even when the alleged victim is over 65, the prosecution still has to prove its case beyond a reasonable doubt. Depending on the facts, your attorney may use several legal strategies to defend you.
Lack of Intent to Steal
Theft charges hinge on intent. If you didn’t mean to permanently deprive the person of their property, the state may not have a valid case. For example, if you borrowed money or took an item with the intent to return it—and the alleged victim knew about it—then there was no criminal intent. This is common in caregiver or neighbor situations where informal agreements are later misinterpreted or disputed.
False Accusations
Seniors are sometimes influenced by family dynamics, memory issues, or outside pressure. A relative may falsely accuse someone to gain control over a parent’s finances, or a neighbor might misunderstand a legitimate transaction and report it as theft. These situations often arise during estate disputes or when multiple people are helping an older adult manage their affairs. Your lawyer can highlight inconsistencies in the accuser’s statements or motivations for making a false claim.
Insufficient Evidence
Prosecutors must prove not only that theft occurred, but that you committed it. If there’s no video footage, no credible witnesses, and no physical evidence linking you to the alleged theft, your attorney can argue that the case lacks the necessary proof. Additionally, if the value of the item taken is uncertain or less than $300, the charge may not meet the felony threshold required for enhanced penalties under Florida law.
Ownership Disputes
In some cases, both parties believe they have a rightful claim to the property. For instance, you may have received a gift that a family member later disputes, or you may have paid for an item partially and believed it belonged to you. In Florida, a good-faith belief that the property is yours—even if mistaken—can be a valid defense to theft charges. Your attorney will use receipts, witness testimony, and communications to show there was no criminal intent.
Why You Need a Criminal Defense Lawyer in Martin County
Grand theft charges involving seniors aren’t just “regular” theft charges—they come with higher stakes and more aggressive prosecution. That’s certainly true in Martin County and Stuart, where prosecutors are under pressure to protect vulnerable residents.
Whether you were misunderstood, falsely accused, or made a mistake, you don’t have to face this alone. The earlier you get legal help, the more options you may have. At The Law Offices of Robert David Malove, we take the time to:
- Investigate the full context of your charges
- Challenge questionable evidence or procedures
- Negotiate with prosecutors to seek reduced charges or diversion programs
- Represent you confidently in court if necessary
