Endangerment of an Elderly Person
New York defines special laws to protect some of the society’s most vulnerable populations. One such law is NY Penal Law § 260.3 and 260.25, Endangering the Welfare of a Vulnerable Elderly Person in the first and second degree.
NY Penal Law § 260.3 makes it a criminal offense to intentionally or with criminal negligence, cause injury or otherwise abuse an elderly or incompetent person while they are in your care. Violating this law is a class E felony.
Attorney for Endangerment of an Elderly Person
The Law Office of Stephanie Selloni is ready to provide strong legal defense clients accused of endangering the elderly. We want to protect the most vulnerable members of our society, but there can be times when law enforcement can falsely accuse individuals, and it is not unheard of for elderly care centers to use employees as a scapegoat.
The Law Office of Stephanie Selloni represents clients for endangering the welfare of a vulnerable elderly person throughout Nassau County and Suffolk County including the towns, villages and cities of Riverhead, Garden City, Stony Brook, Westbury, Glen Cove, and Hempstead.
Call (516) 972-1212 or simply submit an online contact form for more information.
- How New York Defines Endangerment of an Elderly Person
- Penalties for Endangerment of an Elderly Person in New York
- Common Defense Strategies for Endangerment of an Elderly Person
- Hire an Attorney for Endangerment of an Elderly Person
Endangerment of an Elderly Person Defined
New York defines abuse of an elderly person under one’s care apply to the following groups:
- A vulnerable elderly person
- A person declared by the court to be incapable of managing his or her own affairs (incompetent). This includes someone diagnosed with a mental disability such as autism or dementia
- A physically disabled person
The above groups are provided special protections under New York law. There are four key ways that a person could be found in violation of the law:
- Intentionally causing physical injury to a protected person
- Unintentionally recklessly causing physical injury to a protected person
- Causing physical injury to a protected person with a deadly weapon or dangerous instrument via criminal negligence
- Subjecting a protected person to sexual contact with full consent. This includes forcible compulsion or lack of capacity to consent.
The primary difference between a first and second-degree charge relies on intent. A first-degree charge requires the defendant to have known that their conduct would inflict injury on the person and that it was wrong, while a second-degree charge requires conduct to be criminally reckless.
Penalties for Endangering the Welfare of a Vulnerable Elderly Person
Violation of NY Penal Law § 260.3 is a class E felony. Possible penalties include:
- 0-4 years in prison with the possibility of probation
- A $5,000 fine
- Both the fine and imprisonment
In addition, someone charged with abusing a protected person under their care will have the person taken from their care and may be placed under a protective or restraining order against the person.
Common Defenses for NY Penal Law § 260.3
There are multiple defense strategies that a good defensive lawyer may employ.
Mitigating charges – If the defendant is accused of endangering an elderly person, the lawyer may seek to mitigate the charges. While it would be preferable to protect the client from all charges, it may be necessary to seek to reduce the charges. One way to do so is to prove that the client’s actions taken, while reckless, were not intentional.
Evidence – Generally, endangerment charges are brought after a pattern of conduct. It may be possible to dispute this pattern of conduct by interviewing witnesses, with video evidence and service logs if the client keeps track of how they have taken care of the elderly person. These defenses include finding ways to present the right evidence to the court, while suppressing bad evidence.
Section 130.16 – This section is a built-in defense for Penal Code 260.3. The defense refers to subjecting the alleged victim to sexual contact without the latter’s full consent – under this defense, the attorney would seek to prove that the client did not know the extent of the alleged victim’s disability.
Hire a Nassau County Attorney for Endangering the Welfare of a Vulnerable Elderly Person
Stephanie Selloni is recognized by the legal community through her admittance into several reputable law associations such as the Nassau County Criminal Courts Law and Procedure Committee and the New York State Association of Criminal Defense Lawyers (NYSACDL).
The Law Office of Stephanie Selloni represents clients for endangering the welfare of a vulnerable elderly person throughout Nassau County and Suffolk County including the towns, villages and cities of Riverhead, Garden City, Stony Brook, Westbury, Glen Cove, and Hempstead.
Call (516) 972-1212 or simply submit an online contact form for more information.