Two recent bills introduced in New Jersey's legislature could add significant penalties when financial crimes are committed against elderly or disabled adults. The two bills are each at different stages in the legislative process but have received support, and one or both of them could become law. Together, they represent some of the ongoing efforts that legislators are making to address what appears to be a growing number of instances where elderly or disabled adults are scammed out of significant sums of money, sometimes even their entire life savings.

If you have been accused of a financial crime in New Jersey, whether against an elderly or disabled adult or against anyone else, you need the help of an experienced criminal defense attorney to protect your rights and defend you against the charges you're facing. Call the Lento Law Firm's Criminal Defense Team today at 888.535.3686 or use our contact form to schedule a confidential consultation to learn more about how we can help.

Financial Exploitation of the Elderly

One bill that, as of this writing, has passed the New Jersey Senate and is with the Assembly's Aging and Human Services Committee would make Financial Exploitation of the Elderly a crime. It would apply in cases where the defendant was in a position of trust and convinced an elderly person to transfer money or property to the defendant or to a third person by means of fraud, extortion, or intimidation. The bill defines “elderly person” to mean someone over the age of 60 who is “suffering from a disease or infirmity associated with advanced age” or who has a “mental disease, defect or condition” that makes them unable to make a decision concerning whether to consent to the property transfer.

The bill is limited in scope in another way; it only applies if the value of the property taken from the “elderly person” is under $500. It increases the severity level of the crime by one level, which means that a defendant convicted of stealing $499 from an “elderly person” could be convicted of a crime of the third degree and face up to five years in prison and a fine of up to $15,000.

Victimization of a Senior Citizen or Person With a Disability

The second bill was introduced in the Senate and, as of this writing, is with the Senate's Judiciary Committee. It creates the crime of “victimization of a senior citizen or a person with a disability.” It applies to a large number of existing crimes if those crimes are committed against a senior citizen or a person with a disability. (“Senior citizen” is anyone 62 years of age or older; “Person with a disability” includes anyone who, because of a “physical or mental impairment,” is not able to exercise “normal physical or mental power of resistance.”)

The bill, if it became law, would create a second crime of Victimization when one of the listed crimes that it covers was committed against a senior citizen or a disabled person. It would essentially mean that the defendant could face two different charges for one crime: one charge for the crime that the defendant is accused of committing and a second charge because the crime was committed against a senior citizen or a disabled person.

The crime level for the crime of Victimization would be one level higher than the level of the underlying crime. So, for example, a defendant charged with Burglary against a senior citizen might face a third-degree charge on the Burglary count and a second-degree charge on the Victimization count. (In cases where the underlying crime is a first-degree crime, the Victimization charge would also be a first-degree crime.)

The Lento Law Firm Can Defend You Against Criminal Charges in New Jersey

If you've been accused of any crime that had an elderly or disabled victim, you need to be able to mount a strong defense. Juries and judges are understandably sympathetic towards an elderly or a disabled person who has lost money to a scammer or a thief, and the risk is that they will allow their sympathies to cloud their judgment when it comes to determining whether a defendant is guilty or not. That's where the Lento Law Firm's Criminal Defense Team can help.

We are criminal defense attorneys, and we defend clients against all types of criminal charges in courts across New Jersey. We understand the laws, the regulations, and the criminal court procedures that will apply in your case. When you're represented by one of our experienced attorneys, you're in good hands. We will use our knowledge, our experience, and our skills to fight for your rights and defend you against the charges you're facing.

Call the Lento Law Firm's Criminal Defense Team today at 888.535.3686 or fill out our contact form to schedule a confidential consultation to learn more about how we can help.