Individuals over the age of 60 are more at risk for health issues and tend to require help and care, whether it be from relatives or professional caretakers. Unfortunately, as we age, we become more vulnerable and cannot easily defend ourselves. Elder abuse is a serious issue across the country. Being convicted of elder abuse can result in significant penalties including jail time, fines, and more. If you have been accused of elder abuse it is important that you acquire skilled representation from a legal professional. Contact an experienced York County, PA criminal defense attorney today.
What is Elder Abuse?
Elder abuse is a heinous crime committed against an individual over the age of 60, typically by a relative or caregiver. The elderly are vulnerable to various types of abuse and often are unable to defend themselves. Below are the common types of elder abuse.
- Physical abuse: Physical abuse can include any act where an individual willfully or with criminal negligence causes or allows an elder to sustain bodily injury and pain
- Financial abuse: This can involve any fraudulent acts like unauthorized use of credit cards or funds, forgery, transferring assets without permission, etc.
- Sexual abuse: Sexual abuse includes any form of abuse that is sexual in nature, like sexual harassment, rape, etc.
- Neglect: Neglect involves intentionally, knowingly, or recklessly depriving an elder of treatment, care, goods, or services required for their health
- Emotional abuse: Emotional abuse is a serious issue and can involve isolating the individual, yelling, bullying, and manipulation
All forms of elder abuse are illegal. If you are convicted you will face a slew of legal consequences and penalties.
What Are the Penalties for Elder Abuse in PA?
Misdemeanor charges where the elderly person was injured are punishable by fines of up to $10,000 and up to 5 years in jail. Felony violations where the elderly person sustained serious bodily injury are punishable by fines of up to $25,000 and up to 20 years in prison.
An individual younger than 60 years old who commits the following offenses against a person over 60 years old will be sentenced to the following mandatory minimum terms of imprisonment.
- Aggravated assault: 2 years
- Rape: 5 years
- Involuntary deviate sexual intercourse: 5 years
- Theft by deception: 1 year
The above prison terms are simply mandatory minimums. Any conviction can result in a variety of consequences and legal repercussions including fines, mandatory counseling, mandatory community service, restitution, and more. Probation will not be considered until the individual has served the mandatory minimum.
If you have been falsely accused of elder abuse it is crucial that you obtain knowledgeable representation. Your lawyer can help assess the evidence against you and work to create an effective defense. Reach out to a skilled attorney at Ilkhanoff & Silverstein to begin discussing your case today.
