2 Arrested for Grand Theft Scam Against Elderly Citizens (CA Penal Code 487)

Rabin Nabizadeh
April 13, 2015

Two individuals, a man and his female accomplice, have recently been arrested in Santa Clara County for their parts in a confidence scheme involving elderly drivers.  Allegations state that the pair would step behind the vehicle of an elderly person as the older driver was backing up, make a loud thumping noise on the back of the vehicle, and then claim to have been injured.  The insurance money the two collected totals, police say, upwards of $18,000.  In fact, it was the insurance company that was curious about several different claims.  They have both been charged with 16 and 10 felonies, separately, including grand theft.

According to California Insurance Code 1871, it is unlawful for an individual to make false or fraudulent claims when dealing with insurance companies.  Penalties include up to 1 year in county jail and up to $150,000 in fines.  Of course, these are just the penalties under the Insurance Code; they do not include consequences that arise from violations of the criminal code, like charges of felony grand theft (CA Penal Code 487).

Pursuant to 487 of the California Penal Code, grand theft is defined as the unlawful taking of another person’s property that is valued at or above the sum of $950.00.  Grand theft is, however, a ‘wobbler,’ meaning that prosecutors study the facts of a particular case and then determine whether they will treat it as a misdemeanor or as a felony.  Because the individuals above took monies over the amount of $950, they may each face up to 3 years in state prison for each felony grand theft charge.

 

latest news

January 27, 2023
How to Successfully Recant a Domestic Violence Statement

Domestic violence is a problematic situation. Numerous cases of domestic violence take place within a family unit. As a result, the legal process can be messy. In some situations, someone may accuse a family member of domestic violence, only to try to recant their statement later. What does this mean? How is a domestic violence […]

January 27, 2023
California Domestic Violence Statistics

Sadly, domestic abuse, domestic violence, and intimate partner violence are far more common than many realize. These were issues swept under the rug under the guise of someone’s personal, private relationships. It is good news that more attention is being paid to domestic violence, but it is also apparent that it is far more common […]

January 27, 2023
How To Get a Child Endangerment Charge Dropped?

Children are among the most vulnerable members of the population, and they deserve to be protected. That is why child endangerment laws are in place. They have been put in place to protect children, and a charge of child endangerment can be severe. If you or a loved one get charged with child endangerment, it […]