Many families entrust the care of their elderly loved ones to caregivers. If you are taking care of an elderly person, you have a serious responsibility to ensure their well-being. Unfortunately, if an elderly person suffers an injury while under your care, you can face allegations of elder abuse. If you are under suspicion of elder abuse, it’s in your best interest to contact our experienced Nassau County Criminal Defense Attorneys who can help you formulate a strong defense and fight to have your charges reduced or dropped.
What is Elder Abuse?
Under New York Law, elder abuse is defined as “endangering the welfare of a vulnerable elderly person.” Essentially, it’s the intentional or negligent act by a caregiver that causes harm or serious risk of harm to a vulnerable older adult. A vulnerable elderly person is someone aged 60 years or older who has an affliction associated with advanced age. Additionally, the affliction must include some demonstrable physical, mental, or emotional dysfunction. The elderly person must be incapable of adequately providing for their own health or personal care.
What Are the Consequences of Elder Abuse in New York?
Under any circumstance in New York, elder abuse is a serious offense that can lead to hefty fines and jail time. An individual can face second-degree elder endangerment charges if they intentionally cause physical injury, cause physical injury recklessly, cause physical injury using a dangerous instrument, or subject an elderly person to non-consensual sexual contact. An individual can face first-degree elder endangerment if they intentionally inflicted serious personal injury or recklessly caused serious personal injury to an elderly person.
If you are charged with endangering the welfare of a vulnerable elderly person in the second degree, this is considered a Class E felony, which is punishable by up to $5,000 in fines, five years of probation, and up to four years of imprisonment. If you are charged with endangering the welfare of a vulnerable elderly person in the first degree, this is considered a Class D felony, which is punishable by up to $5,000 in fines and up to seven years of imprisonment.
If you are facing charges of elder abuse as the result of a misunderstanding, it’s important to have a skilled attorney on your side. A Nassau County criminal defense attorney can help you understand your rights and options. At KCS Law, we are prepared to represent your interests and assist you in clearing your name. Connect with our dedicated legal team today to learn more about how we can fight for you.
