Families often entrust the care of their elderly family members to caregivers. If you have taken on the role of a caregiver for an elderly individual, you have a major responsibility to ensure their well-being. Unfortunately, sometimes an elderly person can become injured while under your care, which can result in accusations of elder abuse. Please continue reading to learn the penalties you could face for abusing or mistreating a vulnerable elderly person in New York and why connecting with a determined Rockland County Criminal Defense Attorney is in your best interest.
What is Elder Abuse?
In New York, there are special laws that are enforced to protect those who are vulnerable. Under New York law, elder abuse is referred to as the intentional or negligent act by a caregiver that causes harm or serious risk of harm to a vulnerable elderly person. If you endanger the welfare of a vulnerable elderly person, you can face criminal charges.
What Are the Penalties for Elder Abuse in New York?
The elderly often need dependable care as they approach the end of their life. As a caregiver, elder abuse under any circumstances is a serious crime that carries harsh penalties. It’s important to understand that you can be prosecuted for endangering the welfare of a vulnerable elderly person in the second degree if you are a caregiver and:
- Intentionally caused physical injury
- You recklessly caused physical injury
- With criminal negligence you cause physical injury using a dangerous instrument or deadly weapon
- You subjected an elderly person to non-consensual sexual contact
Endangering the welfare of a vulnerable elderly person in the second degree is classified as a Class E felony. This crime is punishable by up to four years in prison, five years of probation, and a fine of up to $5,000.
Additionally, you can be prosecuted for endangering the welfare of a vulnerable elderly person in the first degree if you are a caregiver and:
- Intentionally inflicts serious personal injury
- Recklessly caused serious personal injury
Endangering the welfare of a vulnerable elderly person in the first degree is classified as a Class D felony. This crime is punishable by a prison term of up to seven years, probation for five years, and a maximum fine of $5,000.
If you’ve been arrested and charged with endangering the welfare of an elderly person in New York, it’s important to have an experienced Rockland County criminal defense attorney by your side. At The Law Office of Carl Spector, we are prepared to help you understand your rights and options. Connect with our firm today so we can begin formulating a defense to help you fight for the best possible outcome.
