This week, Governor Snyder signed a bill to amend the vulnerable adult embezzlement statute to allow judges to impose stricter sentencing.
This statute prohibits individuals from obtaining money or property, for direct or indirect benefit, through fraud, deceit, coercion, unjust enrichment, or misrepresentation from those known to be or suspected of being vulnerable adults. Moreover, a vulnerable adult is defined as the following: an individual who is at least 18 years old who cannot live independently due to mental illness, age, developmental or physical abilities, or is unable to protect himself or herself from abuse, neglect, or exploitation. Additionally, a vulnerable adult is defined as a resident of an adult foster care or group home.
Maximum penalty for this offense is 20 years
Penalties for violations depend on the value of the money or property gained and if there are prior convictions. If the value is under $1,000.00, a person may be charged with a misdemeanor. For a value over $1,000.00, an individual may be charged with a felony. The maximum penalty for this offense is 20 years in prison; a fine up to $50,000.00 or three times the value of the money or property, whichever is greater; or both.
With the amendment, judges can now impose consecutive sentences on defendants convicted of many offenses under the statute. If judges impose consecutive instead of concurrent sentences, defendants face longer periods of incarceration. Moreover, the statute now comports with the general embezzlement statute, which already authorizes consecutive sentencing in felony cases in which the victim is any of the following: a nonprofit corporation or charitable organization, a person age 60 or older, or a vulnerable adult.
More Changes
Recently, another bill related to vulnerable adults was approved by the House and Senate and now will move to the Governor’s office.
In Michigan, individuals can be charged with first-degree murder if they kill another in the commission of an enumerated felony. First-degree murder convictions are subject to life imprisonment without parole.
The affected portion of the statute currently reads, “Vulnerable adult abuse in the first and second degree.” Proving both of these simultaneously would make it difficult to procure a felony murder conviction. The change would clarify the language to state “first or second degree” to allow prosecutors to prove either to obtain a conviction and would make the statute consistent with the Court of Appeals’ interpretation. In other words, the change would make it easier for prosecutors to gain felony murder convictions.
The Michigan trial lawyers at The Kronzek Firm PLC have extensive experience defending a wide array of crimes related to vulnerable adults. Our aggressive legal advocacy has yielded great success for many clients over the years. For those considering hiring our firm, we offer a free case evaluation. Contact us today at 1-866-7NoJail! Knowledgeable attorneys are available by appointment and are on call 24/7 in case of emergency situations.
Our attorneys defend clients all across the lower peninsula of Michigan, including Ingham County, Grand Rapids, Muskegon County, Macomb County, Oakland County, Wayne County, Midland, and more.