It is sad to say that the elderly are reported to be the most vulnerable community to abuse. This is because, usually, elders do not have the physical capacity to defend themselves or the mental capacity to understand what they are experiencing. The state of New Jersey does not take the abuse of elders lightly. In fact, they may consider such mistreatment to be a criminal offense under certain circumstances. With that being said, please follow along to find out the potential penalties for elder abuse and how one of the proficient Bergen County criminal defense attorneys at McNerney & McAuliffe can help you curb them.
What acts are considered to be elder abuse?
By definition, elder abuse is considered to be a single or repeated act, or the lack of appropriate action, which causes harm or distress to an elderly individual. More specifically, the following actions may constitute elder abuse:
- Physical abuse: this is when an individual inflicts or threatens to inflict physical harm on an elderly person.
- Emotional abuse: this is when an individual inflicts mental anguish or pain on an elderly person.
- Sexual abuse: this is when an individual initiates non-consensual sexual contact with an elderly person.
- Financial exploitation: this is when an individual hides, steals, or misuses the financial assets of an elderly person.
- Neglect: this is when an individual fails to supply food, clothing, shelter, and other necessities to an elderly person.
- Abandonment: this is when an individual fails to uphold their promised responsibility of caring for an elderly person.
What are the potential penalties for elder abuse in the state of New Jersey?
Now, under New Jersey criminal law, there is a distinction between elder neglect and abandonment versus elder abuse. So, an individual may be accused of elder neglect and abandonment if they fail to fulfill their assumed responsibility of caring for an elderly person 60 years of age or older. With this, they may be charged with a crime of the third degree. This may come with a prison sentence of anywhere between three to five years.
Then, elder abuse may be categorized as a form of domestic violence under the state’s criminal code. Depending on the circumstances surrounding the elder abuse incident, this may be charged as a disorderly persons offense or an indictable offense. For a disorderly persons offense, there may be a jail sentence of up to six months. The prison sentences of an indictable offense are as follows:
- For a fourth-degree indictable offense: a prison sentence of up to 18 months.
- For a third-degree indictable offense: a prison sentence of anywhere between three to five years.
- For a fourth-degree indictable offense: a prison sentence of anywhere between five to 10 years.
- For a fourth-degree indictable offense: a prison sentence of up to 20 months.
Before entering the legal arena, you must retain the services of one of the talented Bergen County criminal defense attorneys. Reach out to McNerney & McAuliffe today.
