Caring for elderly relatives or looking after residents in a medical facility or nursing home requires skill and attention. However, taking care of adults who might not be able to care for themselves can open you up to criminal accusations of abuse.
Older adults and people with disabilities can be more vulnerable to abuse by caregivers, but those same caregivers may not intend to cause any harm. If you are accused of abusing an elderly or disabled person, contact a Broward County vulnerable adult abuse Lawyer. The experienced Attorneys at Leifert & Leifert can help in building your defense.
What Is Vulnerable Adult Abuse?
Abuse can be subtle or flagrant, depending on the circumstances, and vulnerable adults may not be able to advocate for themselves or even understand that something is wrong. Actions that cause physical or psychological harm to a vulnerable adult can count as abuse.
According to Florida Statutes § 825.102, abuse includes intentional actions that inflict—or are reasonably expected to inflict—harm on an elderly person or disabled adult, or encouraging another person to do the same. Isolating a vulnerable adult or restricting the access of family members to cause harm or conceal illegal activity is also abuse. However, if the isolation of a vulnerable adult is to protect them from abusive family members, it is not a crime.
Vulnerable adult abuse is typically a third-degree felony, punishable by up to five years in prison under Florida Statutes § 775.082 and a fine of up to $5,000 under Florida Statutes § 775.083. Abuse can elevate to aggravated abuse and a first-degree felony charge if great bodily harm occurs or if the abuse includes torturing, punishing, or caging a vulnerable adult. Aggravated abuse can carry a sentence of up to 30 years in prison and a maximum fine of $10,000.
As abuse charges endanger persons unable to help themselves, the consequences are severe. Defending against charges without the aid of a Broward County defense Attorney can leave a person accused of abuse of a vulnerable adult open to losing their case and their freedom.
Confronting Charges of Vulnerable Adult Abuse With a Lawyer’s Help
Abuse requires intention—acting with the purpose of causing harm or in a way that is expected to cause that harm. Proving intent—or a lack thereof—is not a simple task.
One of our Attorneys can help show that you did not act with intent to abuse a vulnerable adult and did not cause harm. If you have been accused of isolating a vulnerable adult away from family members, and you did so to protect that person, one of our Lawyers can present this to investigators or the Court with applicable evidence.
Our Broward County defense Attorneys can also assist you before you are charged with alleged abuse of a vulnerable person. Leifert & Leifert can protect your rights against unreasonable searches of your property or person and make sure you do not say anything to incriminate yourself.
Contact Our Broward County Attorneys for Help Defending Vulnerable Adult Abuse Charges
In addition to the criminal penalties that can come from a conviction, your reputation in your community, your family, or your professional field could be at risk. Working with one of our Broward County vulnerable adult abuse Lawyers can help you clear your name and stay out of prison.
Relying on the advice of one of our Lawyers at Leifert & Leifert puts you in a better position to defend yourself and mount an aggressive defense. Contact us today for a free initial consultation on your abuse defense.
