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Seniors are one of the most vulnerable demographics when it comes to physical and financial abuse. According to statistics, the rate of assaults involving senior citizens has risen over 75% for men and over 35% for women in the past 20 years. Elder abuse is a serious crime and a conviction will be accompanied by various penalties and legal repercussions. If you need representation during a legal matter related to elder abuse, speak with a Mercer County criminal defense lawyer today.
What is Elder Abuse?
Elder abuse refers to an action or lack of action that causes physical harm or emotional harm to a person aged 60 or older, or a person who is considered a disabled adult. It is intentional negligence or maliciousness that brings harm or a risk of harm to an older person.
The U.S. Department of Justice recognizes several types of elder abuse including:
- Physical abuse
- Psychological abuse
- Financial exploitation
- Neglect and abandonment
- Sexual abuse
Any of the above types of abuse can cause harm to the individual’s physical or mental health, create devastating financial losses, and ruin personal relationships.
What Are the Penalties Associated with Elder Abuse?
A person who has assumed responsibility for the care of a disabled adult or individual 60 or older who abandons them, unreasonably neglects them, or fails to take an action necessary for their physical or mental health can be found guilty of a third-degree crime which is equivalent to a felony in other states.
In New Jersey, a third-degree indictable crime is often accompanied by the following penalties.
- Fines of up to $15,000
- 3 to 5 years of jail time
- Probation
Depending on the circumstances you could also face domestic violence charges. The standard penalties for a misdemeanor domestic violence charge include the following.
- Fines of up to $500
- 6 months in jail
- Mandatory domestic violence classes
- Probation
Domestic violence when charged as an indictable crime will result in additional prison sentences.
- Fourth degree: Up to 18 months in prison
- Third degree: 3 to 5 years in prison
- Second degree: 5 to 10 years in prison
- First degree: Up to 20 years in prison
Elder abuse charges are often coupled with other offenses relevant to the situation. For example, if the elderly individual died due to your abuse you could face manslaughter or murder charges.
Do I Need an Attorney During an Elder Abuse Case?
The actual penalties you will face will vary depending on the details of your circumstances. While the repercussions of a conviction can be severe, you may have several defensive options. Contact a lawyer today to discuss your situation and determine what the outcome of your conviction may be.
