San Diego Criminal Lawyers Blog
Anyone who is looking at charges of elder abuse probably already knows how emotionally charged the topic can be. In addition to criminal charges, the accused may face reputational damage, financial losses, and a tumultuous change in lifestyle. Now, more than ever, you need a criminal defense attorney who is prepared to deal with every aspect of your defense with authority and commitment.
Defining Elder Abuse
Elder abuse occurs under a variety of circumstances and in many ways. In any case, it is distressing and can result in grim physical and psychological harm, or even premature death. Families can be divided, finances can disappear, and trust can be permanently devastated. This type of victimization occurs in the home of an elderly person, in a nursing home or care facility, or elsewhere, and can involve strangers, family members, friends, professionals, and staff members in care facilities. The abuse falls into five basic categories:
- Neglect: The failure to provide basic care and assistance necessary for hygienic and healthy living;
- Physical Abuse: Hitting, kicking, slapping, pinching, unnecessarily restraining, withholding medicine, and so forth causing physical harm;
- Psychological Abuse: Controlling an elderly person through intimidation, threats, humiliation, etc.;
- Sexual Abuse: Forced sexual contact, taking unwanted photographs of a sexual nature, and even initiating unwanted conversations of a sexual nature;
- Financial Exploitation: Withholding an older person’s money, engaging in unauthorized or manipulated spending, or using manipulation to convince an elderly person to sign documents they don’t understand for one’s own financial benefit.
Federal Protections
There are multiple federal laws on the books to protect older Americans:
A couple of federal laws on the books related to elder abuse enhance protective services, improve interactions between agencies, and develop principles for monitoring and certifying nursing homes. The Elder Justice Act (EJA) and the Nursing Home Reform Act work in tandem toward these ends. The Elder Abuse Prevention and Prosecution Act (EAPPA) allows for the assembling and examination of elder abuse data and delivers support to victims of abuse.
California Penalties
The state of California takes elder abuse very seriously, with significant penalties associated with each level of abuse that might occur. If an elderly person is killed, it could mean the death penalty for the perpetrator. Rape charges could mean 8 years in state prison. Penalties for lewd acts could lead to a year in jail in the best-case scenario, and up to 10 years in prison for more serious acts. Financial crimes are punished based on the amount of money involved, and offenders could spend as little as one year in the county jail or as much as four years there, in addition to fines.
A Vigorous Defense
The experienced and passionate criminal defense lawyers at Boertje & Associates are dedicated to protecting the rights of our clients every step of the way. To discuss your situation, schedule a confidential consultation in our San Diego office today.