There are times in life when people feel as though they have no other choices. One of these may be a criminal case of elder abuse. The fact is that Dan E. Chambers has been an attorney for many years and served as a deputy district attorney for LA County for six of those years. He has a thorough understanding of the law. Here are some potential lines of defense for persons accused of elder abuse.
If you have questions or are ready to request a free legal consultation, contact Chambers Law Firm at 714-760-4088 right away.
Elder abuse is heavily reliant on intent
A prosecution must be able to show that the accused not only intentionally or purposefully abused the victim in order to secure a conviction for elder abuse. We might demonstrate that the mistreatment your elder received was unintentional as part of our defense. Accidents occur frequently, and unless someone was intentionally wounded, it is not elder abuse.
Criminal negligence is not the same as being reckless
If someone is accused of neglect rather than intentional abuse, a criminal defense lawyer could try to demonstrate that the neglect was just carelessness. This is very different from criminal negligence, which calls for a person to intentionally withhold care while fully aware of what can occur. In many situations, a defendant may have only failed to exercise the level of care that they reasonably could have, yet this may not constitute a crime.
Elder care claims may not be valid
The aforementioned choices presuppose that the defendant was somehow connected to the elder’s injury. They weren’t involved at all in certain situations. When that occurs, a lawyer will likely take the allegations seriously and decide that they are wholly unfounded. He or she will then retain the services of expert witnesses to argue that the injuries were more likely the result of an accident the injured person had or were simply due to their advanced age than they were consistent with abuse.
Victims might not be able to provide trustworthy testimony
Elder abuse cases can be challenging since the victims are frequently too frail or old to testify for themselves. The reality is frequently elusive. A defense lawyer can emphasize the reasonable doubt that renders it incorrect to convict someone if the witness cannot give credible testimony or if there is insufficient evidence to support the witness’ testimony.
Get the assistance you require immediately
Each case is different. Anyone who has been accused of a crime, or who has reason to suspect they will soon, needs to have a tenacious defense lawyer on their side. You can have a free consultation to discuss your case at Chambers Law Firm. You should work with us if you want a lawyer who will fight tenaciously for your rights. Call us now at 714-760-4088 to get started.
