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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.
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.
Attorney Shawn Haff
We are available by phone 24/7