What Is the Criminal Penalty for Elder Abuse?

Elder abuse is a serious matter for which state and federal laws impose heavy punishment. It is punishable by law nationwide, and many states have special laws that enact harsher penalties for crimes committed against the elderly.

Such punishments for people found guilty of elder abuse are justifiable: the elderly are often unable to defend themselves when strong and physically able younger people subject them to various kinds of abuse.

Victims of abuse living alone or residing in nursing homes could continue suffering without their families knowing. It is even more devastating for elderly victims who no longer have family members living nearby and are thus easy targets for theft and abuse.

This article will delve into criminal elder abuse charges and the answers to the question, “What is the penalty for elder abuse?”

What Is the Penalty for Criminal Elder Abuse?

Anyone proven guilty of criminal elder abuse will be subject to penalties. Each state approaches elder abuse cases differently, but a common factor is that states have statutes allowing their courts to enhance penalties based on aggravating factors like the victim’s age, mental aptitude, physical condition, injuries sustained, and more.

However, before we can answer the question of, “what is the penalty for elder abuse,” let us first define elder abuse.

Defining Elder Abuse

The US Department of Justice defines elder abuse as harmful actions, whether intentional or unintentional, that harm an older person or puts them at great risk.

The DOJ recognizes five types of elder abuse: physical, psychological, sexual, financial exploitation, and neglect and abandonment. Abuse can take place at home or in a nursing care facility, and people guilty of elderly crimes can be family members, friends, neighbors, caretakers, nurses, specialists/professionals, or random strangers on the street.

Penalties for Elderly Abuse Charges

What is the criminal penalty for elder abuse? The answer to this question depends on the charges made against the abuser. Elderly abuse is a rather broad term, and certain crimes against the elderly can be classified under specific charges.

Here are examples of the specific charges that can be filed against abusers:

If proven guilty of elder abuse or any of these possible charges, the person or organization will be subject to state or federal laws (depending on the jurisdiction) and their corresponding penalties.

In California, elder abuse charges can lead to the following:

• A fine of $2,500 or to six-digit values
• Imprisonment in county jail (for misdemeanors)
• Incarceration in state prison (for felonies)
• Revoked license (for nursing and elderly care facilities and professionals)
• Revoked contract to operate (for facilities)

The severity of the punishment meted out by the courts will depend on whether the crime is a misdemeanor or a felony.Is Elder Abuse a Felony?

One of the questions we often hear is, “Is elder abuse a felony?” the answer is yes, it can be.

Here’s a quick review to differentiate a misdemeanor from a felony:

• Misdemeanor: Refers to offenses punishable by fines or short-term imprisonment in local county jails (less than one year). Simply put, a misdemeanor is more serious than an infraction but less grievous than a felony.
• Felony: Refers to crimes punishable by imprisonment (at least one year). Convictions for felonies may lead to the offender losing some of their civil rights (i.e., the right to vote or hold public office). Felonies are considered the most serious type of crime.

The guilty party in an elder abuse case may be charged with a misdemeanor or felony depending on the gravity or type of offense committed.

For example, in California, a caretaker charged with misdemeanor physical abuse for causing minor injury to an elderly patient may be fined $6,000 and/or imprisoned for six months at a county jail. Suppose the victim suffered severe bodily injury, and the accused is found guilty of felony abuse. In that case, the latter can get two to four years in state prison and an additional five to seven years in state prison if the victim dies.

The Elder Justice Act

In 2010, then-President Obama signed the Elder Justice Act (EJA) into law, making it a crucial part of the Patient Protection and Affordable Care Act. It is a form of social service dedicated to seniors 60 years and older.

As the first comprehensive national legislation for elder abuse, the EJA was created to protect the elderly and their autonomy and prosecute those proven guilty of committing crimes against the elderly.

One of the notable requirements of the EJA is that owners, managers, employees, agents, and contractors of nursing care facilities must report incidents of abuse that occur on their premises. Failure to report such incidents can result in a $200,000 to $300,000 fine. If a facility is found to have retaliated against the victim, they will get another fine of up to $200,000. They will also be prohibited from participating in any federal healthcare program for two years.

Red Flags for Elderly Abuse

The DOJ estimates that every year, over 10% of the elderly in the country (people 65 years and older) experience some form of abuse. These acts range from verbal to physical, and can lead to devastating consequences for the victims and their families:

• Deterioration of physical and mental health
• Injury leading to disability
• Broken familial ties/discord between family members
• Financial loss/bankruptcy
• The premature death of the elderly

Unfortunately, only one in 23 elder abuse cases gets reported to the authorities. But why does elder abuse go under the radar? There are many possible reasons:

• The victim lives with an abusive relative or caretaker.
• The victim lives in a nursing home far from where their family lives.
• The family seldom visits the victim in their private residence or nursing home.
• The victim doesn’t recognize abuse or is deceived by the abuser and thus doesn’t report anything to the nursing home’s administration or their family.
• The abuser threatens the victim with bodily harm or retaliation if they report to the administration or their family.
• The victim feels guilty or ashamed of their situation.

Abuse can ruin lives, and it can be fatal for the elderly. Therefore, families must recognize signs of abuse and report them as early as possible.

Here are some crucial red flags to look out for:

• Difficulty sleeping
• Unusual weight loss
• Losing interest in hobbies and activities they used to love
• Uncharacteristically poor self-care and grooming
• Uncharacteristic social withdrawal
• Developed propensity for agitation or violence
• Has inexplicable bruises, cuts, burns, lacerations, scars, etc.
• Has rope marks or other visible signs that they’re being restrained
• Their glasses get broken without good reason
• Develops bed sores
• Their room lacks evidence of basic care, like clean bedsheets, prepared medications, and a glass of water on the bedside table
• Unclean rooms
• Having numerous unpaid bills despite being supposedly financially stable

Protect Your Loved Ones and Seek Justice Against Elder Abuse With Holm Law Group

If you suspect an elderly family or friend has been a victim of abuse, consult our attorneys at Holm Law Group. We have years of experience representing victims of elder abuse and their families, fighting for their rights, and ensuring they are fairly compensated for the harm and suffering they endured.

If you want to understand the civil elder abuse laws in your California and what damages your loved one is entitled to receive, we can help.

Contact Holm Law Group today.