For many adults, taking care of older loved ones in need is often thrust upon them, leaving many juggling caring for an elderly family member and children at the same time. Unfortunately, this can create tense situations, and in some instances, allegations of elder abuse can arise. If you have been accused of this act, it’s imperative to understand that this is not something that should be taken lightly. The following blog explores the intense penalties you can face for this offense and why it’s in your best interest to connect with an experienced Cobb County criminal defense lawyer to guide you through these complicated issues.
What Constitutes Elder Abuse?
In general, elder abuse occurs any time someone intentionally and knowingly harms someone over the age of 65. However, in Georgia, this law is all-encompassing. As such, anyone who abuses, exploits, or neglects a disabled adult over 18 or an elderly person can be charged with elder abuse. Common forms of elder abuse include, but are not limited to, the following:
- Physical hitting
- Physically restraining
- Sexual abuse
- Withholding basic needs
- Withholding medical treatment
- Refusing to administer medication
- Administering too much medication
- Threats
- Humiliation
- Isolation
It’s important to understand that in addition to physical, sexual, mental, and verbal abuse, neglect and exploitation are also considered elder abuse. For example, failing to assist an elderly person in turning over, thus causing bedsores, is abuse. Manipulating an older adult into providing financial information like bank accounts or their social security is exploitation and will also be persecuted under the law.
What Penalties Does Georiga Impose for a Conviction?
Georgia takes accusations of elder abuse very seriously because older adults are considered a vulnerable group. As such, the penalties for this offense reflect the egregious nature of these crimes. Any of the aforementioned offenses, including physical injury, sexual abuse, mental distress, or unlawful confinement will be guilty of a felony offense. As such, you can face a minimum of one with the potential for up to twenty years in prison for this offense, as well as a fine of up to $50,000. How long you spend in prison will depend on the circumstances of the case.
It’s important to understand that verbal abuse, including threats or intimidation, is not a felony offense, but it is considered an aggravated misdemeanor offense, so the penalties can still be substantial.
Facing allegations of elder abuse can have a profound impact on your life. As such, it is imperative to connect with a criminal defense attorney who can examine the circumstances of your arrest to determine the best course of action to assist you in these matters.
At the Miller Law Practice, we understand how complicated issues regarding allegations of abuse, neglect, or exploitation can be. That is why our dedicated team will do everything in our power to help you fight for the best possible outcome by exploring all avenues for a potential defense. When you’re facing charges, we can help. Contact us today for more information.