For many adults, caring for an older relative is something they may not have planned for. However, it’s important to understand that this process can be incredibly difficult for many to handle. Unfortunately, it’s not uncommon for tempers to flare and unfounded accusations or allegations to arise. If you’ve been accused of elder abuse, this is not something you should take lightly. The following blog explores what you must know about these matters and why connecting with Houston criminal defense attorneys is critical.
What Constitutes an Elder Abuse Charge?
Unfortunately, there are many different kinds of abuse older individuals can be subjected to at the hands of those caring for them. This includes home health aids, family members, or nursing home employees. Generally, any time you intentionally and knowingly cause physical or mental harm to someone over 65, you can be charged with elder abuse. This includes mental, physical, emotional, sexual, and financial abuse as well as neglect and exploration. Common examples of elder abuse include, but are not limited to, the following:
- Physical attacks (hitting, punching, shaking, pushing, slapping)
- Withholding basic needs like food or medication
- Failing to provide necessary medical care
- Humiliation
- Sexual abuse
- Making threats
- Isolation
- Financial exploitation (stealing money, using their identity, using their benefits)
What Penalties Can I Face if Convicted?
In almost all instances of elder abuse, the crime will be charged as a felony. This is because the penalties are enhanced for those who commit crimes against those over the age of 65. Elder abuse is taken very seriously in Texas, as the law considers these crimes especially egregious because elders are some of the most vulnerable members of society. As such, the penalties you can face if convicted of this crime will be severe.
Generally, if you are convicted of physical or sexual abuse of an elderly person, the penalties you will face a first, second, or third-degree felony, depending on the circumstances of the crime you are accused of. A third-degree felony carries up to ten years in prison while a second-degree felony warrants up to 20 years behind bars. If you are convicted of a first-degree felony, you will potentially spend life in prison if convicted. Additionally, these charges all carry a fine of up to $10,000. Additionally, an exploration conviction will result in a third-degree felony.
You should understand that these charges can be incredibly overwhelming. It’s imperative to understand that you should not try to navigate this process alone. Because of how severe the penalties can be, it’s in your best interest to contact the team at the Gonzalez Law Group. We will examine the circumstances of your case to determine the best possible outcome for your needs. Connect with us today to learn how we can guide you through these complicated times.
