NY Elder Abuse Defense Attorney

Being accused of elder abuse in New York can be a nightmare. Fines, lengthy prison sentences, and damage to your personal and professional reputation are at stake, making hiring an experienced criminal defense attorney a must. As you face this situation, remember you have rights and options.

As a former prosecutor, NY elder abuse defense attorney Mehdi Essmidi knows these cases from both sides of the courtroom. We fight for those charged and work hard to defend our clients. Call now to schedule a free initial consultation.

NY Elder Law

Here are the key laws you need to know:

New York Penal Law § 260.25 — Endangering the Welfare of a Vulnerable Elderly Person

This law makes it a crime to injure the physical, mental, or moral welfare of a person who is unable to care for themselves because of physical disability, mental disease, or defect. It’s a Class E felony, with up to 4 years in prison.

New York Penal Law § 260.32 — Endangering the Welfare of a Vulnerable Elderly Person in the Second Degree

This more serious charge applies when a person causes physical injury to a vulnerable older person or subjects them to sexual contact without consent. It’s a Class D felony, with up to 7 years in prison.

New York Social Services Law § 473 — Protective Services for Adults

While not a criminal statute, this law outlines the state’s responsibility to protect vulnerable adults, including the elderly. It can be used to support criminal charges by showing the standard of care expected for elderly individuals.

New York Penal Law § 155.30 — Grand Larceny in the Fourth Degree

Grand larceny is often applied in financial exploitation cases. It makes stealing property from a vulnerable elderly person a Class E felony.

New York Public Health Law § 2803-d — Reporting Abuse in Residential Health Care Facilities

This law requires certain individuals to report suspected abuse in nursing homes and other care facilities. Failure to report can result in criminal charges.

Examples of Elder Abuse Cases

Here are the main types of elder abuse charges in New York City:

Serious Physical Injury: Physical abuse is any non-accidental use of force that causes pain, injury, or impairment to an elderly person. This can involve hitting, pushing, or using physical restraints.

Sexual Abuse and Non-Consensual Sexual Contact: This involves any form of sexual contact with an elderly person without their consent. This includes not only rape and sexual assault but also inappropriate touching or exposure.

Emotional Abuse: This type of abuse includes verbal assaults, threats, intimidation, and humiliation. Prosecutors may bring these charges based on witness testimony or evidence of psychological distress in the elderly person.

Financial Abuse: These can range from theft and fraud to convincing an older person to change their will or power of attorney.

Neglect and Endangering the Welfare of a Vulnerable Person: Neglect charges are brought against any caregiver who fails to provide necessary care, including food, shelter, healthcare, or protection from health and safety hazards. Neglect charges can also apply to caregivers of a physically disabled person who fail to provide necessary care.

Common Situations That Lead to Elder Abuse Charges

Elder abuse charges often come from complex situations that aren’t as black and white as they seem. These charges often involve a vulnerable adult, someone with cognitive impairments or disabilities. Here are some common situations that often lead to elder abuse charges:

Family Conflicts: Family dynamics can be complicated when it comes to caring for elderly relatives. Disagreements over care decisions, financial management, or living arrangements can escalate and lead to abuse accusations. Sometimes, well-intentioned actions can be misinterpreted by other family members, believing someone is endangering the welfare of the elderly and resulting in serious legal consequences.

Caregiver Misunderstandings: Professional caregivers or family members providing care can face elder abuse charges due to misunderstandings or miscommunications. For instance, an older adult with dementia might misinterpret a caregiver’s actions, or a family member might misunderstand a caregiver’s methods and accuse them of abuse.

Financial Disputes: Managing an elderly person’s finances can be a minefield. Even if you think you’re acting in the elderly person’s best interests, others might see your actions as financial exploitation.

Allegations of Neglect: Criminal negligence charges often come from situations where caregivers are overwhelmed or lack resources. These charges can also arise when there are differing opinions about the level of care an elderly person needs.

What are the Consequences of a Conviction?

A conviction for elder abuse can be severe and long-term. If you’re facing these charges, contact a criminal defense attorney as soon as possible. Here are the possible consequences of a conviction for endangering the welfare of an elderly person.

• Prison Time
• Fines
• Court Orders
• Criminal Record
• Loss of Professional Licenses

Possible Defenses

When facing elder abuse charges, you need a strong defense. At The Law Offices of Mehdi Essmidi, we use our experience and knowledge to build defenses that fit each client’s unique situation. Here are some common defenses we may use:

Lack of Intent: Many elder abuse laws require proof of intentional harm. We may argue that any harm caused was accidental or unintentional.

False Accusations: Unfortunately, false accusations of elder abuse are not uncommon. These can come from misunderstandings, family conflicts, or even cognitive issues in the elderly person.

Insufficient Evidence: The prosecution must prove elder abuse beyond a reasonable doubt. If there’s not enough evidence to support the charges, they might be dismissed.

Misunderstanding of Caregiver Duties: In many cases, what appears to be neglect or abuse may actually be a misunderstanding of proper caregiving practices. We may consult expert witnesses to demonstrate standard caregiving and show that your actions were within acceptable bounds.

Contact Us for a Free Consultation

When you have been accused of elder abuse in New York, you need a NYC elder abuse lawyer who knows these cases and has a proven record of success. The sooner you get an experienced defense attorney involved, the better for your case. Contact us for a free consultation today.

Frequently Asked Questions

What can an elder abuse defense attorney do after charges are filed?

A NYC elder abuse defense attorney can assist during the investigation by reviewing police reports, medical records, and financial documents, identifying weaknesses in the prosecution’s case, and advocating in court.

How are family members accused in elder abuse cases?

Many elder abuse cases involve family members responsible for caregiving or managing financial matters. Disputes over money, care decisions, or living arrangements can escalate into criminal accusations. These cases require a strong criminal abuse defense under New York State law.

Can financial exploitation charges apply even if money was used for care?

Prosecutors may still pursue financial exploitation or financial abuse charges even when funds were used for housing, medical care, or daily expenses. The issue is often whether the elderly person gave valid consent or had the mental capacity to approve transactions. A financial elder abuse attorney may work with records, witnesses, and financial advisors to strengthen a defense.

How does Medicaid planning become an issue in criminal elder abuse cases?

Proper Medicaid planning may be characterized as attempts to hide assets or manipulate eligibility. Additionally, a health care proxy or authority over financial affairs is often scrutinized in criminal proceedings. Prosecutors may argue misuse of authority and handling of hard-earned assets. Whether conduct crosses into criminal legal issues depends heavily on intent and capacity.

Should someone accused of elder abuse seek legal services?

Early legal services allow an attorney to intervene before statements are taken, evidence is lost, or charges escalate. A free initial consultation gives individuals the chance to discuss the allegations and determine the best course of legal action to protect their rights.