Elder abuse is considered a serious crime. If you are tasked with taking care of an older person and you take advantage of them or cause them harm instead, you are going to be punished quite severely. If you have been accused of committing elder abuse, you need to be ready to defend yourself. A Bergen County criminal defense lawyer from our firm can help you do that.
What Can Be Considered Elder Abuse?
All types of abusive behavior can be considered elder abuse. It’s common to be charged for:
- Physical abuse
- Emotional or mental abuse
- Sexual abuse
- Financial exploitation
- Neglect
- Abandonment
You can also be charged with elder abuse if you are accused of taking advantage of an elderly person in a way that gets you power over them. So if you are accused of tricking them into giving you power of attorney or control over their finances, that can result in elder abuse charges.
What Kinds of Punishments Are Given For Elder Abuse?
Elder abuse can be charged as disorderly persons offense, which is much like a misdemeanor in other states. You could go to jail for up to six months if convicted. You’ll also be ordered to pay a fine of up to $500 and could be forced to enroll in domestic violence-related classes or counseling.
These charges can easily be upgraded to indictable offenses though. This would be similar to a felony in other states. The prosecution can look at a variety of factors when determining how to charge you, and you could end up facing:
- A fourth degree offense and up to 18 months in jail
- A third degree offense and three to five years in jail
- A second degree offense and five to ten years in jail
- A first degree offense and up to 20 years in prison
What Can Make Harsher Penalties More Likely in an Elder Abuse Case?
Whether your charge will be upgraded from a disorderly persons offense to an indictable offense can depend on a few factors. The prosecution is likely to consider things like:
- How serious the crime was
- The age of the victim
- Whether the victim was disabled
- How likely a defendant is to commit a similar crime in the future
- Whether this was part of organized criminal activity
How Can I Defend Myself Against These Charges?
Defending yourself from elder abuse charges can be difficult, but there are ways to show that there are alternate, plausible explanations for certain events. For example, if an elder you care for gets hurt, you can argue that there was an accident and that you did not commit physical abuse. If you were accused of financial exploitation, you can argue that you were given a gift. Your strategy will depend on the nature of the accusations and the circumstances of your case.
Schedule a Case Consultation
Do not let these serious accusations lead to jail time and other punishments. Contact the Law Office of Boyd & Squitieri to schedule a consultation with our team and learn more about what our seasoned defense attorneys can do to help you with your case.
