Financial Crimes & Seniors: Victims or Accused?

How Scammers Target Older Adults

If there’s one crime that disproportionately affects seniors, it’s financial fraud. Scammers often see older adults as easy targets—assuming they’re trusting, less tech-savvy, and sitting on a lifetime of savings.

From investment scams to identity theft, fraudsters use deception, intimidation, and emotional manipulation to drain seniors of their hard-earned money. Some of the most common scams include:

• Identity Theft – Stolen Social Security numbers and personal data used to open fraudulent accounts or take out loans.
• Investment Fraud – Fake “get-rich-quick” opportunities that wipe out retirement savings.
• Medicare & Insurance Scams – Bogus medical services billed in a senior’s name.
• Power of Attorney & Caregiver Abuse – Relatives or caretakers fraudulently gaining control of a senior’s finances.

Texas law takes financial exploitation seriously. Under Texas Penal Code § 32.55, anyone who wrongfully takes or misuses an elderly person’s money can face felony charges—especially if they’re in a position of trust, such as a family member or caregiver.

When Seniors Are Accused of Financial Crimes

While many seniors fall victim to fraud, some find themselves accused of financial crimes they didn’t fully understand or intend to commit. This can include:

• Writing bad checks or making unauthorized withdrawals due to financial struggles.
• Filing false Medicare claims in an attempt to cover medical costs.
• Unknowingly participating in investment fraud after being recruited by scammers.

In these cases, intent is key. Was it an honest mistake, coercion, or some manner of early-stage dementia? Texas courts take these factors into account, and a strong legal defense can help show mitigating circumstances to reduce penalties—or even have charges dismissed.

Financial crimes involving seniors aren’t always black and white. Whether a senior is a victim or accused, recognizing warning signs, understanding Texas law, and knowing their legal rights can make all the difference.

But financial crime isn’t the only legal challenge seniors face. Substance-related offenses—whether involving prescription medications, alcohol, or illicit drugs—can also lead to serious charges.

Learn how a criminal defense attorney can help your case. Get your free ebook today »

Substance Abuse & Criminal Charges: What Seniors Need to Know

Why More Seniors Are Facing Substance-Related Charges

Substance abuse isn’t something most people associate with older adults, but the reality is more complex. Many seniors struggle with chronic pain, loneliness, or depression, and what starts as a way to manage discomfort can sometimes turn into dependency.

For some, it’s alcohol. For others, it’s prescription painkillers, anxiety medications, or even illicit drugs. But regardless of the substance, when dependency develops, legal trouble often follows. A DUI, drug possession charge, or even an accusation of drug distribution can turn a private struggle into a public legal crisis.

Common Drug & Alcohol-Related Offenses Among Seniors

Many seniors who face drug or alcohol-related charges never intended to break the law—in fact, many don’t even realize they’ve done something illegal. Some of the most common charges include:

• DWI (Driving While Intoxicated) – Medications, alcohol, or a combination of both can impair judgment and reaction time, leading to serious legal consequences.
• Illegal Possession of Medications – Keeping expired prescriptions or medications prescribed to someone else is a felony in Texas if the substance is classified as a controlled drug.
• Unintentional Drug Distribution – Sharing painkillers with a friend or family member—even without money involved—is considered drug distribution under Texas law.
• Doctor Shopping & Prescription Fraud – Visiting multiple doctors to obtain extra prescriptions, even for legitimate pain management, can be charged as an attempt to defraud the medical system.

In many of these cases, there is no criminal intent—just misunderstandings, poor judgment, or dependency-driven decisions.

Texas Drug Laws & How They Impact Seniors

Texas law doesn’t automatically distinguish between a senior struggling with addiction and someone knowingly engaging in illegal drug activity. If a person is caught driving under the influence, possessing a controlled substance, or giving away prescription drugs, they can face serious charges, including:

• DUI Convictions – Texas enforces strict DUI laws, regardless of age. A first-time DUI can result in fines, license suspension, and even jail time.
• Possession of a Controlled Substance – Even a single pill of certain prescription medications without a valid prescription can lead to felony charges.
• Drug Distribution – Giving away or selling prescription medication—intentionally or not—can be prosecuted as drug trafficking, which carries severe penalties, including prison time.

However, courts do consider mitigating factors, especially for seniors facing addiction, difficulty processing information, or medical complications. A strong legal defense can present these factors, sometimes leading to:

✔ Reduced penalties
✔ Alternative sentencing (e.g., probation or rehabilitation programs)
✔ Case dismissal in certain circumstances

For many seniors, getting arrested over drugs or alcohol isn’t about criminal intent—it’s about struggling with addiction, chronic pain, or misunderstanding the law. Knowing how Texas law applies and seeking experienced legal representation can help prevent an honest mistake from turning into a life-changing conviction.

But substance abuse isn’t the only issue bringing seniors into the criminal justice system. In some cases, emotions run high, conflicts escalate, and what starts as a disagreement turns into something far more serious.

Violent Crime Charges Against Seniors: Causes, Consequences & Defense Strategies

Why Are Seniors Being Charged with Violent Crimes?

It’s hard to imagine an elderly person being arrested for assault, domestic violence, or even homicide, but it happens more often than many realize. In most cases, these crimes aren’t driven by malice—but by stress, frustration, or even self-defense.

Seniors facing violent crime charges are often not career criminals. Instead, they may be struggling with:

• Dementia – Conditions like Alzheimer’s and other forms of dementia can lead to aggression, confusion, and unintentional violent outbursts.
• Escalating Domestic Disputes – Long-standing tensions with spouses, caregivers, or family members can turn into physical altercations.
• Self-Defense Gone Wrong – Many seniors feel physically vulnerable and take measures to protect themselves—only to face accusations of excessive force.
• Medication Side Effects – Some prescriptions cause mood swings, paranoia, or aggression, leading to uncharacteristic violent behavior.

For many older adults, being charged with a violent crime isn’t about being dangerous—it’s about mental health struggles or a situation that spiraled out of control.

How Texas Law Defines & Prosecutes Violent Crimes Involving Seniors

Texas doesn’t make exceptions for age when it comes to violent crime charges. Seniors accused of harming another person may face charges such as:

• Assault – Any act that causes bodily harm or threatens harm to another person.
• Domestic Violence – Physical harm or threats against a spouse, partner, or family member.
• Homicide – While rare, some seniors face murder or manslaughter charges, often tied to self-defense claims, mental health struggles, or medical conditions.

Even if a senior didn’t intend to harm anyone, violent crime charges in Texas carry serious consequences, including fines, probation, or even prison time.

However, courts do consider mitigating factors, such as:

✔ Cognitive impairments (Alzheimer’s, dementia, etc.)
✔ Mental health conditions
✔ Medical records proving medication-related aggression
✔ Evidence supporting self-defense claims

A strong legal defense can clarify what really happened—and protect seniors from unnecessarily harsh punishments.

Understanding Theft Among Seniors

Shoplifting and theft are often associated with younger offenders, but more seniors are facing these charges than ever before. In many cases, it’s not about greed—it’s often confusion or financial hardship.

A senior might walk out of a store without paying, completely unaware they still had an item in their cart. Others may take something they thought they had already paid for or intended to put back. Some, facing serious financial hardship, take what they simply can’t afford.

No matter the reason, getting caught can be embarrassing, stressful, and legally serious.

Why Do Seniors Shoplift?

The motivations behind senior theft cases often differ from those of younger offenders. Some of the most common reasons include:

• Financial Struggles – Many seniors live on fixed incomes, and rising costs can lead to desperate decisions.
• Reduced cognitive function – Memory loss, dementia, or confusion can result in unintentional shoplifting.
• Loneliness or Depression – Some seniors shoplift as a cry for attention or as a way to cope with emotional distress.
• Medication Side Effects – Certain prescriptions can affect impulse control, leading to uncharacteristic behavior.

For most, this isn’t about criminal intent—it’s about circumstances they never imagined themselves in.

How Texas Law Treats Theft Offenses

Under Texas Penal Code § 31.03, theft is defined as taking property with the intent to deprive the owner permanently. The severity of the charge depends on the value of the stolen item:

• Under $100 → Class C Misdemeanor (Fines up to $500)
• $100 – $750 → Class B Misdemeanor (Up to 180 days in jail + fines)
• $750 – $2,500 → Class A Misdemeanor (Up to 1 year in jail)
• Over $2,500 → Felony Charges Apply

For seniors with no prior record, courts may consider alternative sentencing options such as:

✔ Probation
✔ Community service
✔ Theft prevention programs

In cases where neurological deterioration or medical conditions played a role, a legal defense may argue for reduced penalties or even case dismissal, recognizing that incarceration may not serve justice.

What Happens If a Senior Is Accused of Theft?

Being accused of shoplifting can be frightening and humiliating, especially for someone who has never faced legal trouble before. Many seniors:

• Panic and don’t know how to respond when confronted by store security.
• Unintentionally admit guilt, even if it was an honest mistake.
• Worry about how the accusation will affect their reputation, independence, or future.

An experienced defense attorney can help clarify intent and ensure that one mistake doesn’t define someone’s future.

Have you been charged with a white collar crime in Texas? Attorney Brett Podolsky can help »

When Seniors Are Wrongfully Accused

Not Every Arrest Means a Crime Was Committed

Few things are more unsettling than being accused of a crime you didn’t commit—especially for seniors who have spent their lives as law-abiding citizens. Unfortunately, misunderstandings, memory issues, and even unfair assumptions can lead to arrests that never should have happened.

Many of these cases stem from innocent mistakes:

• A senior forgets to pay for an item, unaware they still had it in their cart.
• A dispute with a caregiver or family member escalates into false accusations of financial abuse or violence.
• A self-defense situation is misinterpreted, with the senior being arrested instead of the actual aggressor.

Memory loss, confusion, or medication side effects can result in behavior that appears suspicious but has no criminal intent.

For example:

• A senior struggling with dementia may be accused of shoplifting without realizing they took an item.
• Financial mismanagement due to cognitive issues may lead to fraud allegations.

Despite no intent to commit a crime, these cases don’t always resolve themselves easily. Once an accusation is made, the legal system takes over—and without proper legal representation, a simple misunderstanding can spiral into a life-altering criminal case.

How the Legal System Handles Wrongful Accusations

Texas law does not automatically dismiss charges just because a defendant is elderly or because the situation was a misunderstanding. Once arrested, seniors must navigate the system like any other defendant, meaning they will likely:

✔ Be booked and processed like any other criminal defendant.
✔ Be required to appear in court to fight the charges.
✔ Defend themselves, even if they don’t fully understand how they got there.

The key to clearing wrongful accusations is proving what really happened. A strong legal defense can establish that:

✔ There was no criminal intent—only confusion or a misunderstanding.
✔ Medical conditions played a role, affecting decision-making or awareness.
✔ The senior was falsely accused, and the real culprit was someone else.

Medical records, witness testimony, and expert evaluations can play a crucial role in clarifying the truth and getting charges dismissed.

Defending Seniors in Court: When the Truth Needs to Be Told

A well-prepared defense is essential when a senior is wrongfully accused. Legal strategies often focus on:

✔ Intent & Cognitive Ability – Proving that memory loss, confusion, or medication effects played a role.
✔ Mistaken Identity & False Allegations – Presenting witness statements, financial records, or surveillance footage to establish innocence.
✔ Medical & Psychological Testimony – Using expert evaluations to demonstrate that a senior’s actions were misunderstood, rather than criminal.

Beyond fighting the charges, a defense attorney can advocate for alternatives to harsh penalties. Even if a senior made a mistake, the right legal approach can lead to:

✔ Case dismissal due to lack of intent.
✔ Reduced charges with alternative sentencing.
✔ Rehabilitation or community-based solutions instead of criminal punishment.

For many seniors, being accused of a crime isn’t about criminal behavior—it’s about circumstances beyond their control.

Ensuring Fair Treatment for Seniors in the Legal System

Too often, seniors face legal trouble not because they are criminals, but because of misunderstandings or family disputes. The right legal strategy can make all the difference—ensuring that seniors receive the fair treatment they deserve.

Preventing Legal Trouble Before It Starts

Many seniors never expect to face legal trouble—until they do. They aren’t repeat offenders or career criminals. More often, they find themselves in unexpected situations due to misunderstandings, financial struggles, or cognitive changes.

While no one can predict every challenge, taking the right precautions can help prevent legal issues before they arise.

Understanding the Law to Avoid Costly Mistakes

One of the best ways for seniors to stay out of legal trouble is by understanding the laws that most often lead to unintended violations. Some common legal risks include:

• Financial missteps – Withdrawing money on behalf of a loved one without proper authorization can be considered fraud, even if done with good intentions.
• Prescription medication issues – Holding onto expired prescriptions or sharing medication with a friend can lead to serious drug charges.
• Self-defense misunderstandings – Many seniors carry weapons for protection, but not knowing the laws around reasonable force can result in assault charges.

Seniors can avoid unintended consequences by understanding Texas law and knowing which actions could lead to legal trouble.

How Family & Caregivers Can Help

Seniors are often supported by family members and caregivers who play a critical role in helping them avoid legal pitfalls.

Recognizing Early Signs of Cognitive Decline

Many legal issues aren’t intentional—they stem from memory loss or confusion. Families and caregivers should be aware of:

✔ Forgetting to pay for items – Accidental shoplifting can happen when a senior unintentionally walks out of a store with unpaid merchandise.
✔ Financial confusion – Struggles with managing money, falling for scams, or misplacing funds may indicate a need for oversight.
✔ Medication mix-ups – Taking or sharing medications improperly, even unintentionally, can lead to legal issues.

If these issues arise, it may be time to consider medical evaluations, power of attorney arrangements, or financial safeguards to prevent problems before they start.

What to Do If Legal Trouble Arises

Even with careful planning, situations can still arise where a senior is accused of a crime. If this happens, the most important thing to remember is to stay calm and follow these key steps:

• Don’t admit guilt – Apologizing or explaining can be misinterpreted as an admission of wrongdoing.
• Seek legal representation immediately – A defense attorney with experience in elder-related cases can provide guidance and protect their rights.
• Gather relevant documents – If neurocognitive impairment, a misunderstanding, or an external factor played a role, medical and financial records can help build a strong defense.

If a senior is facing criminal accusations, the best step is to seek legal representation immediately. An attorney who understands the unique challenges seniors face can provide guidance, protect their rights, and work to resolve the issue in a way that minimizes damage to their record and reputation. 

In many cases, the right legal strategy can lead to:

✔ Reduced or dismissed charges
✔ Alternative sentencing options, such as probation or community service
✔ A resolution that avoids harsh penalties

Getting older shouldn’t mean losing the right to fair treatment under the law. With the right awareness, support, and legal guidance, seniors can protect themselves from unnecessary legal trouble and ensure that one mistake or accusation doesn’t overshadow a lifetime of integrity.

Whether you’re a senior, a family member, or a caregiver, understanding the risks and knowing how to respond to legal challenges can make all the difference. Consulting with an experienced defense attorney can help protect their rights, their freedom, and their future. Attorney Brett Podolsky has the knowledge and experience to navigate these complex cases, ensuring that seniors receive the fair treatment they deserve.