Elder Abuse
Written by FreeAdvice Staff
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Elder abuse charges may involve not only direct physical abuse, but also neglect that results in the deterioration of the health of an elderly individual. The general charge of elder abuse occurs when a person causes an elderly person harm or permits an elderly person to suffer any unjustifiable physical pain or mental suffering. Because elder abuse includes a wide range of acts and omissions, a defendant should understand the offenses associated with elder abuse, any potential defenses, and the consequences of an elder abuse conviction.
Elements of Elder Abuse Charges
Elder abuse charges are categorized as assaultive offenses, even when the abuse is based on neglect. Some states use the title elder abuse when charging this offense. Others utilize headings like injury to the elderly or create enhanced penalties under their assault statutes for elderly victims. Elder abuse includes reckless, intentional, or knowing bodily injury to an elderly person. An elderly person is anyone the age of 65 and above. These statutes are designed to protect particularly vulnerable victims, and thus tend to be broader than basic assault statutes. Elder abuse statutes do not limit charges to injuries which are the result of a direct assault or striking of an elderly person.
Elder abuse charges can also include omissions, or failure to take action, which results in the neglect of supervision or care of an elderly person. For example, if a regular attendant of an elderly person at an assisted living facility knows that an elderly person cannot get out bed and fails to assist them in occasional movement to prevent bed sores and other problems, then the attendant could be charged with elder abuse if the victim suffered injuries as a result of the neglect. Regardless of which type of elder abuse is charged, courts will consider a series of factors including the condition of the victim prior to the abuse, where the abuse took place, the extent of the pain or injuries, and the degree of force used by the defendant.
Abridged
SOURCE: Criminal Law - Free Advice
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