The Criminal Defense Law Center of
West Michigan
Under the Michigan Penal Code, local prosecutors can charge people for Vulnerable Adult Crimes. The reason there is a specific law for this crime is that society needs to protect people who are not able to defend themselves because of age or physical or mental disabilities.
In Michigan law, a vulnerable adult is defined as a person who is over the age of 18 and who also because of developmental disability, age or mental illness is not able to take care of themselves independently.
Defending Against Vulnerable Adult Abuse & Exploitation Charges in Kent County
Vulnerable Adult Abuse (MCL 750.145n): Michigan divides this into four degrees. 1st Degree is a 15-year felony involving intentional serious harm. We focus on the “reckless” vs. “intentional” distinction to get these charges reduced or dismissed.
Financial Exploitation (MCL 750.174a): This is a booming area of prosecution in Grand Rapids. If you are accused of using a vulnerable adult’s money, you face up to 20 years in prison and fines of 3x the value stolen.
The Shawn Haff Strategy: Often, these “crimes” are actually family disputes or misunderstandings about gifts. We aggressively audit the financial trail and use the “Gift Defense” to show that your actions were authorized and transparent, not criminal.
Allegations of vulnerable adult abuse or financial exploitation are often the result of complex family disputes or misunderstandings regarding a caregiver’s duties. Because the state of Michigan treats these cases as high-priority felonies, the prosecution is already working to build a narrative against you. To protect your career, your assets, and your freedom, you must hire the best West Michigan attorney around Shawn Haff right away. Our legal team moves with a professional sense of urgency to investigate the truth, challenge one-sided evidence, and ensure that your side of the story is heard in court. Don’t let a false accusation or a tragic misunderstanding define your future—contact the premier criminal defense firm in West Michigan today to start your defense.
“Vulnerable adult cases in Grand Rapids often move between the Kent County Probate Court (for guardianship issues) and the 17th Circuit Court (for criminal charges). Shawn Haff understands the intersection of these two systems. Whether you are dealing with Adult Protective Services (APS) or the Grand Rapids Police, we intervene immediately to stop the investigation before it turns into an indictment.”
“Under Michigan law, being ‘elderly’ does not automatically make someone ‘vulnerable.’ A vulnerable adult must lack the capacity to care for themselves independently due to mental or physical impairment. We challenge the prosecution’s medical evidence. If the individual was capable of making their own decisions, the entire premise of the prosecution’s case—exploitation—falls apart.”
What is the penalty for elder abuse in Michigan? It ranges from a 1-year misdemeanor to a 15-year felony, depending on the degree of harm. Financial exploitation can carry even longer sentences.
Can a caregiver be charged for a ‘reckless’ mistake? Yes. 4th Degree Abuse is a misdemeanor that can be charged even if you didn’t intend to cause harm but were deemed “reckless.” Shawn Haff fights to prove these were accidents, not crimes.
What should I do if APS knocks on my door? Do not let them in without a warrant and do not give a statement. APS investigations are the “gateway” to criminal felony charges. Call Shawn Haff at 616-438-6719 right away.
MCL750.174a provides criminal penalties when a person by deceit, fraud, coercion or misrepresentation obtains or uses money or property from an adult they know or should have known was vulnerable.
Money or property obtained or used Maximum Penalty
$1,000 but less than $20,000 = 5 years imprisonment
$20,000 but less than $50,000 = 10 years imprisonment
$50,000 but less than $100,000 = 15 years imprisonment
$100,000 or more = 20 years imprisonment
Economic sanctions are harsh for Vulnerable Adult Crimes. A person convicted of this charge is facing restitution and up to 3x the amount of property or money stolen.
MCL 750.145n provides a criminal penalties in situations involving physical or mental abuse of a vulnerable adult.
First Degree: Intentional conduct which causes serious physical or mental harm is a felony punishable by up to 15 years in prison and/or $10,000.00 fine.
Second Degree: Reckless conduct which causes serious physical or mental harm is a felony punishable by up to 4 years in prison and/or $5,000.00 fine.
Third Degree: Intentional conduct which causes physical harm is a felony punishable by up to 2 years in prison and/or $2,500.00 fine.
Fourth Degree: Reckless act causes physical harm is a misdemeanor punishable by up to 1 year and/or $1,000.00 fine.
The Criminal Law Center of West Michigan is seeing a boom in vulnerable adult crimes in all West Michigan courts. Prosecutors take these charges very seriously and will seek harsh penalties for this type of crime. A lot of people who are facing these kinds of criminal charges will claim they received a gift from the adult. The police report will do everything it can to make the gift look like a crime. If you are being investigated for a Vulnerable Adult Crime, please do not talk to police and instead call Shawn at 616-438-6719.