F.S. 812.0145 – Theft From Persons 65 or Older

Florida Statute 812.0145 elevates the severity of theft offenses when the victim is 65 years or older, reflecting the state’s commitment to protecting vulnerable individuals from exploitation. As a Fort Lauderdale criminal defense lawyer can explain, that means stakes are considerably higher than general theft laws. Individuals charged under this statute must understand the charges and their legal rights.

While F.S. 812.014 broadly defines theft as knowingly obtaining or using another’s property with intent to deprive them of it, F.S. 812.0145 specifically addresses thefts targeting individuals aged 65 or older. This Florida statute recognizes the increased vulnerability of older adults and imposes harsher penalties on offenders. 

Notably, these enhanced penalties apply regardless of whether the suspect knew the victim's age. As a Fort Lauderdale theft defense lawyer can explain, ignorance of the victim’s age is not a defense for charges under this statute. This is sometimes likened to strict liability in personal injury law, meaning you don’t have to prove intent or knowledge in order for someone to be held legally responsible. 

That said, there can be more severe penalties under the statute in higher-value cases where there’s proof the defendant knew or had reasonable cause to believe the victim was 65+.

Under F.S. 812.0145, the degree of theft and corresponding penalties depend on the value of the property stolen. 

• $300 to less than $10,000: Third-degree felony punishable by up to 5 years in prison and a $5,000 fine.
• $10,000 to less than $50,000: Second-degree felony punishable by up to 15 years in prison and a $10,000 fine.
• $50,000 or more: First-degree felony punishable by up to 30 years in prison and a $10,000 fine.

It’s worth noting that because the victims in these cases are elderly, the penalties are more severe than those under the general theft statute, F.S. 812.014, which classifies thefts of lower monetary value as misdemeanors.

Under F.S. 812.0145, a person convicted of theft of more than $1,000 from a person over age 65 not only has to make restitution to the alleged victim, they must also perform 500 hours of community service. 

To secure a conviction under F.S. 812.0145, prosecutors must prove the following elements beyond a reasonable doubt:

1. Unlawful Intent. The defendant knowingly obtained, used, or endeavored to obtain or use the victim’s property.
2. Deprivation. The defendant intended to deprive the victim of their property permanently or temporarily.
3. Value. The value of the stolen property falls within one of the thresholds outlined above.
4. Victim's Age. The victim was 65 years or older at the time of the offense.

A skilled criminal defense attorney can identify and present several defenses to challenge charges under F.S. 812.0145, including:

• Lack of Intent. Demonstrating that the defendant did not knowingly or intentionally take the property.
• Mistaken Identity. Challenging eyewitness testimony or other evidence linking the defendant to the crime.
• Insufficient Evidence. Arguing that prosecutors failed to prove the value of the property or the victim’s age beyond a reasonable doubt.
• Duress or Coercion. Showing that the defendant acted under threat or compulsion.

Facing charges under F.S. 812.0145 can be overwhelming, especially given the heightened penalties and stigma associated with crimes against older adults. 

An experienced Fort Lauderdale criminal defense lawyer will work to help you minimize the potential fallout. We’ll evaluate your case, analyzing the evidence and identifying weaknesses in the prosecution’s case. We’ll also craft a tailored defense based on the facts of your case and applicable law. We’ll negotiate on your behalf, pursuing plea bargains or reduced charges when appropriate. And last but not least, we’ll protect your rights and ensure fair treatment throughout the legal process. 

Florida’s enhanced penalties for theft from a person 65 years or older reflect the seriousness with which the state views these offenses. However, these charges do not mean an automatic conviction. With the right legal representation, you can fight to protect your rights, your reputation, and your future.

If you or a loved one is facing charges under F.S. 812.0145, don’t wait—consult with an experienced Fort Lauderdale criminal defense attorney at The Ansara Law Firm to navigate the complexities of your case and pursue the best possible outcome.

If you have been charged with a theft crime in South Florida, contact the Fort Lauderdale Criminal Defense Lawyers at The Ansara Law Firm by calling (954) 761-4011.