Defending Charges Related to Elder Abuse
If you are facing charges of elder abuse, you likely already know how emotionally charged the topic can be. In addition to criminal charges, you are looking at the possibility of reputational damage, financial losses, and a complete change to your way of life. Now, more than ever, you need a criminal defense attorney who is prepared to deal with all aspects of your defense with authority and commitment.
What is Elder Abuse?
Elder abuse can occur in many different ways. In any circumstance, it is traumatic, and can result in serious physical and/or psychological injury or premature death. Additionally, families can be torn apart, finances can be devastated, and trust can be permanently lost. This type of victimization can occur in an elderly person’s home, in a nursing home or care facility, or elsewhere, and can involve family members, friends, professionals and staff in care facilities, or strangers. The abuse falls into five basic categories:
- Neglect/Abandonment: failing to provide basic care and assistance needed for clean and healthy living;
- Physical Abuse: Slapping, pinching, hitting, kicking, withholding medicine, restraining unnecessarily, etc.;
- Psychological Abuse: Using intimidation, threats, humiliation, etc. to control an elderly person;
- Sexual Abuse: Forced sexual contact, pornographic photography, and even unwanted conversations of a sexual nature;
- Financial Exploitation: Unauthorized or manipulated spending, withholding a person’s money, or manipulation to get an elderly person to sign documents they don’t understand for one’s own financial benefit.
Federal Protections for Elderly Persons
There are a number of federal laws on the books designed to protect older Americans:
The Elder Justice Act (EJA) and Nursing Home Reform Act are federal laws that reduce elder abuse by building up protective services, enhancing communication and coordination between agencies, and developing standards for monitoring and certifying nursing homes. The Elder Abuse Prevention and Prosecution Act (EAPPA) enables the collection and analysis of elder abuse data and supports victims of abuse.
Nevada Penalties
The state of Nevada takes elder abuse charges very seriously. In the best-case scenario, abusing, abandoning, or exploiting someone aged 60 or older can be charged as a gross misdemeanor based on the mere potential for harm, which could put an offender in state prison for five years, on top of having to pay fines totaling $10,000. If it’s determined that the victim of elder abuse suffered substantial mental or bodily harm, the perpetrator can be charged with a Class B felony, which quadruples the potential prison sentence to 20 years.
A Vigorous Defense
The experienced and passionate Las Vegas criminal defense lawyers at Lobo Law are dedicated to protecting the rights of our clients every step of the way. To discuss your situation, schedule a confidential consultation in our Las Vegas office today.
Source:
justice.gov/elderjustice/about-elder-abuse
