What are the Penalties for Elder Abuse in Michigan?

Elder abuse is a serious problem in the United States, affecting millions of vulnerable adults each year. When an elderly person faces physical, emotional, financial, or sexual abuse at the hands of someone they trust or who should be caring for their well-being, the offender will be punished accordingly. Continue reading to discover the penalties for elder abuse under Michigan state law and work with a skilled Upper Peninsula criminal defense lawyer for representation during your case.

What is Elder Abuse?

Elder abuse, also referred to as vulnerable adult abuse, is the intentional or negligent infliction of harm upon an elderly person, generally someone 65 years or older. This abuse can take several forms including physical, emotional, financial, sexual, or general neglect. Physical and financial are two of the most common forms of abuse against vulnerable elders.

Under Michigan state law, physical elder abuse can be either a fourth, third, second, or first-degree crime depending on the details of the specific situation. An individual can be found guilty of elder abuse if any of the following applies.

• First-degree: A caregiver or individual intentionally causes serious physical or mental harm to a vulnerable adult
• Second-degree: A caregiver or individual’s reckless action or inaction causes serious physical or mental harm to a vulnerable adult
• Third-degree: A caregiver or individual intentionally causes physical harm to a vulnerable adult
• Fourth-degree: A caregiver or individual’s reckless action or inaction causes physical harm to a vulnerable adult

Financial exploitation is also another unfortunately common form of elder abuse. Under MI law, it is prohibited for a person to obtain or use, or attempt to obtain or use, a vulnerable adult’s money or property through fraud, deceit, misrepresentation, or coercion.

What Are the Penalties for Elder Abuse in MI?

The penalties for physical elder abuse in Michigan are as follows.

First-degree:

• Felony offense
• Imprisonment of up to 15 years
• Fines up to $10,000

Second-degree:

• Felony offense
• Imprisonment of up to 4 years
• Fines up to $5,000

Third-degree:

• Misdemeanor offense
• Imprisonment of up to 2 years
• Fines up to $2,500

Fourth-degree:

• Misdemeanor offense
• Imprisonment of up to 1 year
• Fines up to $1,000

The penalties for financial elder abuse are as follows.

Property valued at less than $200:

• Misdemeanor offense
• Imprisonment of up to 93 days
• Fines up to $500 or 3 times the value of the money/property

Property valued between $200 and $1,000:

• Misdemeanor offense
• Imprisonment of up to 1 year
• Fines up to $2,000 or 3 times the value of the money/property

Property valued between $1,000 and $20,000:

• Felony offense
• Imprisonment of up to 5 years
• Fines up to $10,000 or 3 times the value of the money/property

Property valued between $20,000 and $50,000:

• Felony offense
• Imprisonment of up to 10 years
• Fines up to $15,000 or 3 times the value of the money/property

Property valued between $50,000 and $100,000:

• Felony offense
• Imprisonment of up to 15 years
• Fines up to $15,000 or 3 times the value of the money/property

Property valued at $100,000 or more:

• Felony offense
• Imprisonment of up to 20 years
• Fines up to $50,000 or 3 times the value of the money/property

Reach out to a skilled attorney for legal representation and assistance.