Have you been charged with elder abuse in Dayton, OH? If so, you need to take it very seriously. Whether you made a mistake or believe you’re being falsely accused, the most important step you can take is to reach out to a Dayton elder abuse defense lawyer at Suhre & Associates DUI and Criminal Defense Lawyers immediately. Call now at (937) 531-0435.
Our legal team has over 100 years of combined experience. Contact us today to schedule a complimentary consultation with a Dayton elder abuse defense attorney.
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Why Choose Suhre & Associates if I’m Arrested for Elder Abuse in Dayton, OH?
When you work with our Dayton criminal defense attorneys, here’s what you get:
- Over 100 years of combined legal experience
- A legal team that includes former police officers and prosecutors
- Attorneys who have been recognized by The National Trial Lawyers “Top 100 Trial Lawyers” and Super Lawyers
If you’ve been arrested for elder abuse in Dayton, Ohio, the steps you take right after can affect your entire case, and therefore your life. Facing this kind of charge is overwhelming, and trying to handle it on your own or talk your way out of it can lead to serious consequences.
Call Suhre & Associates to schedule a free case evaluation with a Dayton elder abuse defense attorney.
Overview of Elder Abuse in Ohio
Ohio doesn’t have a specific law called “elder abuse.” Instead, when someone harms or neglects an older adult, prosecutors use other laws from the Ohio Revised Code and file charges based on what happened.
Here are some of the main statutes that can apply in cases of elder abuse:
Patient Abuse or Neglect (Care Facilities)
Ohio’s patient abuse or neglect law addresses situations where individuals in care facilities—like nursing homes or assisted living centers—are mistreated. This statute specifically outlines criminal offenses for those who physically or mentally abuse residents or who grossly neglect their care, leading to harm. It holds caretakers, staff, and other individuals accountable for providing a safe environment and proper care to vulnerable adults.
Failing to Care for a Functionally Impaired Person
It can be a crime if a caretaker neglects essentials like food, medicine, or basic hygiene, especially if they do so intentionally or recklessly. Under this law, being “functionally impaired” includes limitations related to age, which allows it to protect older adults coping with age-related problems.
Theft From an Elderly Person
Ohio law treats stealing from an older adult more seriously than stealing from other people. This statute adds harsher penalties if the victim is elderly or has certain disabilities. This can include money or personal belongings.
If you’re charged with an offense as a result of alleged elder abuse and want to fight the charges, your best bet is to reach out to a criminal defense lawyer as soon as possible.
What Are the Penalties for Elder Abuse in Dayton, Ohio?
The penalties for elder abuse depend on the specific crime you’re charged with. Here’s a brief overview of what you could be facing:
Penalties for Patient Abuse or Neglect
When someone abuses or neglects a patient in an Ohio care facility, serious legal penalties follow.
- Intentionally Abusing a Resident in Ohio: This is a fourth-degree felony, carrying a prison term of between 6 and 18 months. If you have a prior conviction, the penalties increase.
- Gross Patient Neglect: This is a first-degree misdemeanor. Penalties include up to 180 days in jail. A prior conviction also leads to more severe penalties here.
- Patient Neglect: A first offense is classified as a second-degree misdemeanor and carries a potential penalty of up to 90 days in jail, with prior convictions resulting in a more severe sentence.
For patient abuse or neglect in Ohio care facilities, fines can range from up to $750 for a second-degree misdemeanor to up to $5,000 for a fourth-degree felony.
Penalties for Failing to Care for a Functionally Impaired Person
If you’re charged under this statute, you face the following penalties:
- Knowingly Failing to Care for an Elder: Conviction for this offense carries potential penalties of a first-degree misdemeanor, up to 180 days in jail, and a fine of up to $1,000.
- Reckless Conduct: If the caretaker’s actions are reckless but not intentional, the charge drops to a second-degree misdemeanor. This could result in a maximum jail sentence of 90 days and a fine of up to $750.
- Serious Physical Harm: In these cases, the offense is elevated to a fourth-degree felony, carrying a prison term of between 6 months and 18 months and a fine of up to $5,000.
Understanding what you could be facing can make the process a little less overwhelming.
Penalties for Theft From an Elderly Person
The penalties for theft in cases involving elderly victims depend largely on the circumstances, including the amount stolen. Potential penalties include:
- Jail or Prison Time: If you are convicted of felony theft involving an elderly victim, you could face serious prison time. The sentence can be many years in prison for large amounts of money.
- Probation: Courts sometimes sentence defendants to probation instead of prison. You’ll need to check in with your probation officer, stay out of legal trouble, and follow any other conditions the court or your officer may impose.
- Fines and Restitution: When you steal from an elderly victim, there are other consequences as well. You’ll have to provide full restitution to the victim and pay a fine of $50,000.
No matter how much you’re accused of stealing, the penalties can be quite severe.
What Defenses Can Be Raised if I’m Arrested for Elder Abuse?
Being arrested for elder abuse can feel overwhelming, especially when you know you never harmed anyone and there’s more to the story. There are a variety of defenses a lawyer might raise to protect your rights and point out problems in the case.
- False Accusation: The elder or someone else made a claim out of misunderstanding, revenge, confusion, or another motive.
- Lack of Intent: The suspected neglect or harm was accidental, not on purpose.
- Insufficient Evidence: There is not enough real proof to show guilt beyond a reasonable doubt.
- Medical Condition: The elder’s injuries or decline happened due to age or illness, not mistreatment.
- Mistaken Identity: You have been wrongfully identified as the abuser.
If you or someone you know faces these charges, early preparation is essential to give you the best possible defense.
Being accused of elder abuse has a lot of consequences, even if you aren’t convicted. Whether you’re accused of abusing a family member or a patient, you need to take the situation very seriously. Our team has decades of experience handling all types of criminal matters, and we’re ready to assist you.
Reach out to Suhre & Associates to schedule a free consultation with a Dayton elder abuse defense attorney.
