Elderly Person Abuse Defense
Houston Elderly Person Abuse Lawyer :: The Law Office of Matthew D. Sharp
Elder abuse can happen inside or outside of a nursing home. It occurs whenever a senior citizen is deprived physically or emotionally, or whenever he or she is taken advantage of financially. Abuse of the elderly is on the rise here in Texas, and prosecutors have stepped up their efforts to punish this crime as a result of this.
There can be a wide range of punishments for those convicted of elderly abuse. In general, whenever physical injury to seniors has occurred, the punishment will be more severe than if money or possessions were taken. A few of the possible punishments for mistreatment of elders according to the Texas Penal Code can include:
- Jail or prison time
- Monetary fines
- Loss of employment or professional license
The exact punishment will likely depend on the circumstances and number of victims. Those found guilty of nursing home abuse that involves a number of patients are likely to be treated more harshly than individuals who have only one victim will.
Defending the Charges
There are a few defenses available for senior citizen abuse charges including:
- Lack of intent
- Acting under duress or threat
- Eyewitness misidentification
- Injuries were a bona fide accident
The defense used for a crime involving moral turpitude is likely to be different from one that deals with physical or mental abuse. Lack of knowledge or intent may be used to defend financial crimes against senior citizens, while false identity or hearsay is used more often whenever the alleged acts result in physical or emotional injury.
Help for Senior Abuse Charges
Charges of elderly neglect normally begin with an investigation by Adult Protective Services (APS). As soon as an individual is aware of such an investigation, he or she should contact The Law Office of Matthew D. Sharp for a consultation. Talking with representatives of this agency is much like talking with law enforcement, which is why an attorney is needed at the onset.