Over 1000 Clients Represented
You need an experienced attorney. John has tried more than a dozen cases to jury verdict as lead defense attorney. He knows what a good resolution of your case is, and more importantly what a bad resolution is.
“Mr. Crangle did a great job in handling my legal issue. Quick, polite, easy to work with, and affordable. Definitely would recommend!”
Vincent D“100% recommend John for any ongoing case. He got my case dismissed. Best criminal defense in the upstate.”
Johnathan MUnderstanding Elder Abuse and Financial Exploitation in South Carolina
South Carolina’s elder abuse and financial exploitation laws fall under Chapter 35 of Title 43, known as the Omnibus Adult Protection Act. The act safeguards “vulnerable adults,” which includes anyone 18 or older impaired enough in a physical or mental capacity to struggle with self-care or protection.
Specific prohibited actions include:
Abuse is defined by SC Code § 43-35-10 as causing or permitting physical or emotional harm to a vulnerable adult. This can range from physical assault to psychological harm through intimidation or mental anguish.
Neglect refers to the failure to provide necessary care to maintain the health of a vulnerable adult when responsible for their care. This could involve family members, professional caregivers, or any responsible individual.
Exploitation under SC Code § 43-35-10(3) involves improperly using a vulnerable adult’s resources for personal gain, without their knowledge or consent, or when they lack capacity to consent. Examples include:
Unauthorized use of the person’s assets or bank accounts
Manipulating a vulnerable adult into changing a will or transferring property
Misusing power of attorney
Committing theft, fraud, or misrepresentation for financial gain
SC Code § 16-3-1050 introduces criminal penalties for failing to report suspected abuse, neglect, or exploitation when legally required. Mandatory reporters, including healthcare professionals, social workers, and law enforcement, face serious penalties for knowingly failing to report. It’s essential to understand that the legal obligation to report is strict, and failure to adhere can compound legal troubles for those involved.
Penalties for Elder Abuse and Financial Exploitation in Greenville, SC
According to SC Code § 43-35-85, violating the Omnibus Adult Protection Act incurs significant penalties:
Abuse of a vulnerable adult: Felony, up to 5 years in jail
Neglect of a vulnerable adult: Felony, up to 5 years in jail
Exploitation of a vulnerable adult: Felony, with fines up to $5,000 and/or up to 5 years in jail, with potential restitution
Abuse or neglect causing severe injury: Felony, up to 15 years in jail
Abuse or neglect resulting in death: Felony, up to 30 years in jail
Threatening or intimidating a vulnerable adult, witness, or cooperative individual: Misdemeanor, fines up to $5,000 and/or up to 3 years in jail
Mandatory reporter failing to report: Misdemeanor, fines up to $2,500 and/or up to 1 year in jail
Severe financial exploitation may lead to additional charges under South Carolina’s theft statutes. Exploiting amounts over $10,000 could result in facing grand larceny or breach of trust charges, amplifying sentencing exposure. Understanding these penalties is crucial, as the financial and personal stakes are high, impacting one’s future significantly.
Beyond criminal repercussions, a civil judgment for exploitation could mandate returning all misused resources, potentially exceeding the criminal fine’s financial impact.
How Elder Abuse Cases Are Prosecuted in Greenville County
These cases typically begin with reports to Adult Protective Services, law enforcement, or the Long-Term Care Ombudsman Program. Under SC Code § 43-35-25, a wide array of professionals, including healthcare workers and law enforcement, must report any actual knowledge of abuse.
Upon reporting, authorities launch an investigation. The Vulnerable Adults Investigations Unit of SLED may oversee severe cases. Law enforcement can secure a warrant by showing probable cause for suspected abuse or exploitation. It’s important to note that these investigations are thorough and often involve multiple stakeholders to ensure all aspects are covered.
These investigations take time and include reviewing extensive documentation, such as financial and medical records, care logs, and interviews with parties involved. By warrant issuance, substantial evidence is usually ready.
In Greenville County, the 13th Judicial Circuit Solicitor’s Office handles these cases in General Sessions Court. Such charges receive special attention, especially if the victim is significantly vulnerable or if larger money sums are implicated.
A victim’s complex relationship with the accused can complicate such prosecutions. Many cases involve family members, and the victim might have contradictory feelings, have previously given consent that they now retract, or have an inconsistent understanding of events. These intricacies may impact both prosecution and defense.
Defense Strategies for Elder Abuse and Exploitation Charges
Challenge the “vulnerable adult” definition. Prosecutors must prove the alleged victim truly fits this definition, meaning impaired enough physically or mentally to struggle with self-care. Simply being elderly does not automatically qualify someone. A mentally competent elderly individual might not meet the criteria.
Establish consent and capacity. In financial exploitation scenarios, demonstrating that the victim had capacity and voluntarily approved transactions can negate charges of exploitation. Present medical records, attorney statements, and contemporaneous agreements to establish competency.
Question the intent element. The defendant must have “knowingly and willfully” broken the law. Any actions taken in good faith or resulting from misunderstandings could challenge claims of willful misconduct.
Reassess “exploitation” characterization. Not all financial benefits from a vulnerable individual constitute exploitation. Examine each transaction for genuine, informed consent. Gifts, inheritances, payments for valid caregiving, and loan repayments often don’t qualify as exploitation.
Examine the investigation’s quality. Investigations often rely on subjective judgments from social workers or investigators who may have developed early biases. Financial records without context can be misleading. A thorough review of the investigative process can uncover flaws and bias.
Present relationship evidence. The nature of your bond with the alleged victim is critical. Evidence of a nurturing, respectful relationship over time can weaken claims of abuse or exploitation.
If facing additional charges related to other incidents, such as disorderly conduct or resisting arrest, these must also be addressed alongside abuse accusations.
Considering the profound impact of a felony conviction on aspects like employment and housing, involving a defense attorney soon is crucial. Discussion of expungement considerations is advisable since felony exploitation convictions face significant hurdles.
Why You Need an Elder Abuse Lawyer in Greenville
These cases are deeply personal and complex, involving medical evidence, financial history, and family dynamics that risk reputations. Prosecutors and investigators often hold strong preconceptions, motivated by a commendable cause to shield vulnerable individuals. You need an attorney who can challenge these assumptions while ensuring fair consideration of the evidence.
An experienced lawyer will scrutinize the full investigative dossier, contest the state’s interpretation of incidents, enlist professionals when needed for medical capacity evaluations, and develop a defense strategy that respects the intricate relationship dynamics.
John Crangle, a criminal defense attorney in Greenville, focuses in handling serious felonies in the 13th Judicial Circuit. If you’re facing elder abuse or financial exploitation charges, he can evaluate your situation thoroughly and advocate for the optimal resolution.
The violent crimes section on our site covers situations involving alleged physical harm to vulnerable individuals. For finance and care-related exploitation charges, contact John Crangle promptly for a comprehensive consultation.