Elder Abuse and Endangerment
Just as children depend on caregivers early in life, the elderly often need dependable care as they approach the end of theirs. It is a major responsibility to take on the role of caregiver for an elderly person. Unfortunately, sometimes the elderly are physically injured while under someone else’s care. If you are the caregiver when the injury occurs, you may be facing very real criminal charges.
New York law prescribes harsh penalties for caregivers found guilty of abusing or mistreating its most vulnerable citizens. A conviction for endangerment of an elderly person carries the possibility of prison time. You could be convicted whether the injury was caused intentionally or recklessly. If you’ve been charged with elderly abuse or endangerment of an elderly person, it is in your best interest to contact a criminal defense attorney immediately.
Defense Attorney for Elder Abuse and Endangerment on Long Island, NY
The Law Office of Stephanie Selloni has experience representing New Yorkers just like you for neglect, abuse, and endangerment charges. Attorney Stephanie Selloni fights passionately to obtain the best possible results for her clients. She carefully examines the evidence and accusations to identify weaknesses in the prosecution’s case. Whenever possible, Stephanie moves for outright dismissal of the charges. Contact the Law Office of Stephanie Selloni to set up your free consultation with a qualified criminal defense attorney.
Call (516) 972-1212 or complete the online form to get started. The Law Office of Stephanie Selloni will review your case and recommend how you should proceed. Stephanie Selloni will fight to secure the best possible outcome for you. She represents clients on Long Island in Garden City, Glen Cove, Mineola, and throughout Nassau and Suffolk County.
Overview of Elder Abuse and Endangerment on Long Island, NY
- Definitions for Elder Abuse and Endangerment Laws on Long Island, NY
- Second-Degree Elder Endangerment on Long Island, NY
- First-Degree Elder Endangerment on Long Island, NY
- Additional Resources
Definitions for Elder Abuse and Endangerment Laws on Long Island, NY
Two state laws prohibit caregivers physically injuring an elderly person. The degree of physical injury caused determines which law a person is charged under. A caregiver can be charged whether the injury was caused by intentional action or recklessness.
New York law defines two types of caregivers. The first is someone who assumes responsibility for the care of an elderly person, such as a family member. The second type is a person who is compensated for providing care, such as a geriatric nurse.
Second-Degree Elder Endangerment on Long Island, NY
New York Penal Law 260.32 defines endangering the welfare of a vulnerable elderly person in the second degree. To obtain a guilty verdict, the prosecution must prove that the caregiver:
- Intentionally caused physical injury;
- Caused physical injury recklessly;
- Caused physical injury using a dangerous instrument or deadly weapon; or
- Subjected the elderly person to non-consensual sexual contact.
Physical injury is defined by New York Penal Law 10.00(9) as physical impairment or considerable pain.
Endangering the welfare of an elderly person in the second degree is a class E felony. Penalties include up to 4 years in prison, 5 years of probation, and a fine up to $5,000.
First-Degree Elder Endangerment on Long Island, NY
New York Penal Law 260.34 defines endangering the welfare of a vulnerable elderly person in the first degree. To prove first-degree elder endangerment, the prosecution must show that a caregiver:
- Intentionally inflicted serious personal injury; or
- Recklessly caused serious personal injury to an elderly person.
New York Penal Law 10.00(10) defines serious physical injury as a physical injury that:
- Creates a considerable risk of death; or
- Causes death or serious, long-term disfigurement, health impairment, or loss or impairment of a bodily organ functionality.
Endangering the welfare of an elderly person in the first degree is a class D felony. Punishment includes a prison term up to 7 years, probation for 5 years, and a maximum fine of $5,000.
Statistics/Data on Elder Abuse | NCEA – The National Center on Elder Abuse is part of the United States Department of Health and Human Services. Here the NCEA presents a thorough overview of research results regarding the abuse and neglect of elderly Americans. Visit this link to read about the risk factors, impact, and available interventions for elderly abuse.
NYS Elder Abuse Prevalence Study | NYS OCFS – A May 2011 study was produced in conjunction with the New York City Department for the Aging and Weill Cornell Medical Center of Cornell University. This study closely examines the prevalence of elder abuse across the state of New York. It also shows the disparity between the number of cases officially reported and those that go unreported by the victims.
Defense Lawyer for Elder Abuse and Neglect in Garden City, NY
Perhaps you’re facing charges as the result of a misunderstanding. You may not have acted with intent or recklessly – it could have been an accident. Whatever the case may be, your actions may be considered a violent crime and very serious legal consequences await you. It’s crucial that you seek out the services of an experienced criminal defense attorney. It may mean the difference between getting off at trial and winding up behind bars. The Law Office of Stephanie Selloni offers a free initial consultation.
Call (516) 972-1212 or fill out an online form. When you are up against felony charges, your freedom is at stake. Attorney Stephanie Selloni defends clients in the Long Island communities of Central Islip, Hicksville, Riverhead, and across Nassau and Suffolk County. Contact the Law Office of Stephanie Selloni today to get started.