There are some moments in live when individuals feel that they don’t have any options. Facing a criminal charge of elder abuse can be one of them. The truth is that Dan E. Chambers has been practicing law for decades and held a position as a LA County Deputy District Attorney for six of those years. He knows the law backwards and forwards. Here are some possible defense options for those who’ve been charged with elder abuse.
Willfulness is crucial in elder abuse
In order to be convicted of elder abuse, a prosecutor must be able to demonstrate that the person charged not only abused someone but that they do deliberately or purposeful. Part of our defense may be to show that the abuse your elder suffered as accidental. Accidents happen all the time and unless there was the intention to hurt someone, it is not elder abuse.
Being careless is not on par with criminal negligence
If a person is charged not with intentional abuse but with neglect, then a criminal defense attorney may work to show that the neglect was simply carelessness. This is a far cry from criminal negligence, which requires a person to knowingly withhold care with full knowledge of what could happen. In many cases, a defendant may simply not have provided the level of care that they could have, but it may not be a criminal issue.
Elder care cases can be unfounded
The above options assume that the defendant was involved in some way with the injury of an elder. In some cases, they weren’t involved at all. When that happens, an attorney will likely seriously consider that the charges are completely unfounded and pay call in expert witnesses to testify that the injuries were more likely caused by an accident the injured person had, or were simply a result of their age, rather than being consistent with abuse.
Victims may be unable to offer reliable testimony
One of the difficulties of elder abuse cases is that the victims themselves are often too senile or infirm to testify on their own behalf. Often, the truth is illusive. If a person can’t give reliable testimony, or there isn’t enough evidence to support their testimony, then a defense attorney can highlight the reasonable doubt that makes it inaccurate to convict someone.
Every case is unique – get the help you need right now
Anyone who’s been charged with a crime – or has reason to believe they’re about to be charged with a crime – needs to have an aggressive defense attorney on their side. At Chambers Law Firm we can provide you with a free consultation to assess your case. When you want an attorney who will fight tirelessly for your rights then you want to work with us.
Get more information by reading our elder abuse FAQs, check out our testimonials, and then call us at 714-760-4088 for your consultation.
