What Are the Penalties for Elder Abuse in New York?

Elder abuse is any type of abuse inflicted upon an elderly individual or disabled adult. It is generally committed by caretakers and relatives. The penalties for elder abuse are significant as elders are one of the most vulnerable groups in the country. If you are being accused of elder abuse it is important that you acquire skilled representation. Reach out to a Rockland County criminal defense attorney for help.

What is Elder Abuse?

Also referred to as adult abuse in New York state law, elder abuse is the willful or criminally negligent infliction of physical pain, mental suffering, or financial exploitation against an elderly person. The various types of elder abuse can include:

• Physical abuse: Willful and purposeful use of force that results in bodily injury, pain, or impairment.
• Sexual abuse: Non-consensual sexual contact of any kind.
• Emotional abuse: Willful infliction of mental or emotional anguish by using threats, humiliation, intimidation, etc.
• Financial exploitation: Improper use of the individual’s funds, property, or resources by committing fraud, embezzlement, forgery, etc.
• Neglect: Willful or non-willful failure to fulfill caretaking responsibilities, like abandonment, depriving the elder of food, medication, cleanliness, water, heat, dentures, glasses, etc.

It is illegal to do any of the above to an elder or disabled adult who cannot care for themselves.

What Are the Penalties for Elder Abuse in New York?

The penalties that are associated with an elder abuse conviction can vary based on the unique circumstances of the situation. In general, more severe cases of abuse that result in lasting or extremely damaging effects will be charged as a more serious crime.

For endangering the welfare of a vulnerable elderly person or an incompetent or physically disabled adult in the second degree:

• Class E felony
• Up to 4 years in prison
• Probation term of 5 years
• Substantial fines

For endangering the welfare of a vulnerable elderly person or an incompetent or physically disabled adult in the first degree:

• Class D felony
• Up to 7 years in prison
• Probation term of 5 years
• Substantial fines

You may also face additional charges in conjunction with the above violations depending on the situation. For example, accusations of physical abuse could result in domestic violence or assault charges.

Can a Lawyer Help Me During an Elder Abuse Case?

If you are being wrongfully accused of elder abuse you should obtain the help of a skilled attorney. Under New York law you can only be convicted of endangering the welfare of an elderly person if it can be proven that you intentionally or recklessly caused physical, emotional, financial, or other harm.

Your lawyer will evaluate the details of your case and help build an effective defense to cast doubt on the accusation of abuse. Being falsely accused can lead to life-altering consequences, so contact an experienced attorney today to learn more about your rights and options.