Elder abuse is a serious crime and can be perpetrated by family members, caretakers, friends or nursing home facilities. It is defined as financial, emotional, physical or sexual abuse. Also neglecting or abandoning a person of 65 or older is considered as elder abuse. Elder abuse includes emotional abuse such as making threats of physical harm, bullying or any other offensive comments. If you have been arrested with this conviction, take a look at this website and read more about possible solutions to solve your case.
Like any other crime, elder abuse has certain elements to keep in mind whether your actions constituted a misdemeanor and felony offense
These are the elements of felony and misdemeanor crimes
- you intentionally subjected the senior to physical pain, mental suffering or permitting another person to do it.
- You have a legal duty to take care of the elder people.
- You exhibited a conduct that was likely to produce death or great bodily harm
- You knew that the victim was 65 years or older
What is negligence?
Negligence is a callous behavior that reflects a disregard for human life. An example is neglecting someone you are taking care of and by not giving them medication or food. It is not necessary for the elder person to have suffered physical pain for the defendant to be guilty of felony elder abuse.
Financial scams and fraud
Another common form of elder abuse involves financial scams. Telephone and internet scams have achieved notoriety in the media.
Likely causing great bodily harm
This factor is satisfied if the elder is placed in a condition that is likely to cause great bodily harm.
Sentences and penalties for elder abuse
Penalties due to this crime largely depend on the circumstances of each case. A typical sentence might include the following of these penalties:
Misdemeanor elder abuse
- Up to one year in county jail
- Summary probation along with jail time
- Participate in a court-approved class
- Restitution to the victim for medical or expenses incurred as a result of the harm
Felony elder abuse
- State prison time of two to four years
- Additional three to seven years if the victim suffered great bodily harm
- Fine up to $10,000
- Counseling attendance at a court-approved program.
- Formal probation
One out of every ten senior citizens in the united states experience some abuse. Being aware of the seriousness of this crime is important. If the defendant has a state license related to taking care of others such as home health care or nursing, will be revoked immediately. Also if the accused was in line to inherit a gift from the elderly victim upon death, he or she could also be disqualified from receiving the inheritance. This video explains one of the most common types of elder abuse and all the things that implies. If you have been charged with this crime, the best thing to do is contacting a criminal defense attorney to assess you with legal advice and a bail bond agent in case you don’t have the full amount of money to pay the required fine.