Offense
Elder abuse: Theft, Fraud, Forgery, 530.5 by D who knows or should know V is an elder
Aggravated Felony (AF)
368(d)(1) risks being an AF if 1 yr or more is imposed and/or loss > $10k. See Advice.
(d)(2) does not have this risk because the top is 364 days and loss of $950 or less
Crime Involving Moral Turpitude (CIMT)
Assume CIMT, except: See PC 530.5(a), which generally is not a CIMT because it does not require any loss. If 368(d) can be committed without causing any loss to V, arguably 368(b)/530.5(a) is not a CIMT.
Other Removal Grounds
No other removal ground.
Advice and Comments
PC 368(d)
AF: See Advice to PC 484. In sum, fraud/deceit is an AF if loss to the V exceeds $10k. Theft is an AF if a year or more is imposed. Try to take a specific plea to the option that avoids an AF, although arguably the statute is not divisible.
Plead to deceit (embezzlement, fraud, identity theft) only where loss to victim does not exceed $10,000. This can take a sentence of over a year.
If loss > $10k, plead to straight theft (taking by stealth). Avoid 1 yr or more on any one count. Theft can take either 1 yr or loss > $10k, but not both on a single count.
Forgery plea should not take either 1 yr or $10k loss. Plead to a specific offense other than forgery.