How to Defend Against Elder Abuse Charges

As reports of elder abuse attract more and more media attention, many caregivers find themselves in the regrettable position of having to defend themselves against abuse charges. Whether justly or unjustly, it might be necessary for you to defend against forms of mistreatment as varied as physical, psychological or financial abuse. While judges and juries might be eager to punish those who abuse helpless senior citizens, it is possible for you to stage a sound defense against elder abuse charges.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Lawyer

1. Exercise your right to remain silent during the arrest and booking process. While your intentions might be good, it's possible to say things that could be considered detrimental to your ability to defend against elder abuse charges. The Constitution guarantees you the right not to answer questions that might lead to self-incrimination.
2. Hire an attorney to help you craft a defense against any abuse charges. While the court can appoint an attorney on your behalf, you're more likely to receive expert defense by hiring an attorney with specialized experience in elder abuse cases.
3. Find out the specifics of your elder abuse charges. The term "elder abuse" is far reaching and can include activities as varied as simple neglect or sexual abuse. Before you can craft a defense, you'll need to know exactly what charges you're facing.
4. Dispute physical abuse charges by denying them or trying to find a way to make your actions more empathetic. Everyone knows what it's like to lose patience, especially with an elderly parent. Portray any incident of physical violence as isolated and unintentional.
5. Protect against psychological abuse charges by denying them outright. Psychological abuse can be hard or even impossible to prove since there will be no irrefutable physical evidence of mistreatment. Since these charges will be a matter of one individual's word against another, there's room to portray your accuser as senile, paranoid or delusional.
6. Refute charges of neglect by providing substantiating evidence that you've provided for the defendant's basic needs while serving as a caretaker. Show receipts of purchases made for food or clothing. Find ways to prove you've supplied adequate heating or air conditioning.
7. Make yourself seem like a victim too. Create a human bond with the jury or judge presiding over the case. Show how these charges have personally affected you and express regret for how the situation was allowed to spiral out of control.
8. Prepare for your trial by learning about the specifics of elder abuse. The Administration on Aging can be an excellent source of reliable information on elder abuse (see Resources below).

Tips & Warnings

• Charges and penalties for elder abuse can vary between the states. Similar behavior can be classified as a misdemeanor in some states or a felony in others. Punishments can range from simple fines to jail time.
• Some states consider certain types of elder abuse hate crimes. That can lead to stiffer punishments in the event of a conviction.