Kathy Loggins allegedly stole a blank check from an 80-year-old woman, filled it out for $950 and deposited it into her own account. Hall County authorities arrested her on May 3rd for the check on the following charges:
Loggins' story continues though because only nine days after that initial arrest, she was pulled over by an officer because her license tag was not registered to her vehicle. Her car was consequently searched and officers found one ounce of methamphetamine, clonazepam, oxycodone and a glass smoking device was found in her possession.
Loggins was subsequently charged with trafficking methamphetamine in Georgia, possession of clonazepam, possession of oxycodone, drugs out of the original container, and removed/defaced ID or license tag.
She has been booked into the Hall County jail.
As a Georgia Criminal Defense Lawyer, I'd like to take the time in today's post to outline the law behind exploitation of an elderly person in Georgia.
Law Behind Exploitation of an Elderly Person in Georgia
Georgia law actually categorizes elderly people and disabled adults together for this particular offense. This is because both groups of people have a higher chance of getting taken advantage of.
According to O.C.G.A. §16-5-102, a person commits the offense of exploitation of disabled adults and elderly persons as:
- Knowingly and willfully exploiting a disabled adult, elder person, or resident;
- Willfully inflicting physical pain, physical injury, sexual abuse, mental anguish, or unreasonable confinement upon a disabled adult, elder person, or resident;
- Willfully depriving a disabled adult, elder person, or resident of essential services.
If convicted of exploitation of disabled adults or elderly persons or residents, a person is guilty of a felony. The penalty can include a prison sentence between one and twenty years or a fine of no more than $50,000.00, or both prison and a fine.
It is important to remember that no one should be assumed guilty just because they have been accused of a crime. Unfortunately, with crimes such as exploitation of elderly people, there are situations in which people get confused or accidentally accuse the wrong person. There are also situations where people are actually just mistaken about the facts.
There are Georgia Criminal Defenses that apply such as lack of intent. With this particular offense, there must be evidence that the defendant knowingly and willfully exploited, inflicted physical pain, or deprived them of essential services. If the suspect was following orders or did not intentionally do these actions, then that is a valid defense.
If you or a loved one has been charged with a crime in Georgia, contact a Georgia Criminal Defense Attorney today.