Orlando Elder Abuse Defense Lawyer
Florida attorney represents facilities and individuals against criminal charges
In Florida, a state with a large population of retirees, there is a high incidence of complaints alleging abuse and neglect of the elderly. Very often, the people and facilities accused of abuse, neglect or financial exploitation are those that provide elder care. Elder abuse is a crime and authorities are zealous in prosecution, which can spell serious trouble for defendants facing such charges. The Law Offices of Tad A. Yates, P.A. in Orlando defends clients accused of various crimes against the elderly and disabled adults, including assault, battery, negligence, theft and fraud. He will challenge the evidence against you and work tirelessly and efficiently for the best possible outcome of your case.
Types of elder abuse and neglect offenses in Florida
Florida Statutes § 825.102 defines elder abuse as intentional infliction of harm, emotional abuse, neglect or financial exploitation of a person aged 60 or older. Elder abuse in Florida can take the following forms:
- Physical abuse —Intentionally inflicting physical injury or pain, such as by hitting, slapping, pushing, using restraints or engaging in any other violent behavior
- Emotional or psychological abuse — Any form of manipulation, verbal threats, insults or harassment
- Sexual abuse — Any non-consensual sexual contact with an elderly person
- Isolation — Intentionally and unlawfully isolating an elderly person, either as punishment or to commit or cover up a crime against the elder
- Abuse by proxy — Actively encouraging any person to commit an act that might result in physical or psychological injury to an elder
- Neglect — Failing to provide necessary care, such as food, shelter, medical care or protection, or failing to address an elder’s physical or emotional needs
- Financial exploitation — Taking advantage of an elderly person’s financial resources for personal gain, whether through theft, embezzlement, fraud or manipulation aimed at theft. Florida law specifically prohibits persons in positions of trust and in business relationships from converting the elder’s assets to their own use.
Anyone accused of elder abuse should retain a criminal defense lawyer with experience in these cases.
Legal consequences for elder neglect and abuse convictions in Florida
The consequences of a conviction in Florida can include fines, imprisonment and potential civil liability. These are the specific offenses and penalties:
- Felony abuse — Deliberate abuse is a third-degree felony, punishable by up to five years in prison and a fine of up to $5,000. When the abuse causes great bodily harm, permanent disability or permanent disfigurement, the crime is aggravated abuse, a first-degree felony carrying a prison term of up to 30 years and a fine up to $10,000.
- Felony neglect — Willful negligence is a third-degree felony, punishable by up to five years in prison and a fine of up to $5,000. When such negligence causes great bodily harm, permanent disability or disfigurement, it is a second-degree felony with a potential prison term of up to 15 years and a fine of up to $10,000.
- Felony exploitation — Taking property from an elder that is worth less than $10,000 is a third-degree felony. If the property taken is worth $10,000 or more but less than $50,000, the offense is a second-degree felony. If the worth exceeds $50,000, exploitation is a first-degree felony.
In addition to criminal charges, individuals and institutions accused of neglect and abuse face liability from civil lawsuits. Courts can order defendants to pay restitution, damages or other financial penalties.
Common defenses to elder abuse charges in Florida
Defendants may have viable defenses to abuse and neglect charges, including the following:
- Lack of intent — The defendant can try to show that any harm was accidental or the result of an unintentional action.
- False allegations — A defendant can seek to cast doubt on the accuser’s credibility or provide evidence that supports the defendant’s innocence.
- Self-defense — In cases involving physical altercations, the defendant might argue self-defense, especially if the elder was aggressive or violent.
As your dedicated advocate, Mr. Yates will examine every facet of the case to build a compelling defense to the charges against you.
Contact a Florida criminal defense lawyer to fight elder abuse charges
The Law Offices of Tad A. Yates, P.A. provides aggressive criminal defense representation for clients accused of elder abuse, neglect or exploitation in the Orlando area. For reliable counsel, call the firm at 407-608-7777 or contact us online to schedule a consultation.
