There are times in life when people feel as though they have no other options. One of them may be facing a criminal charge 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 is an expert in the law. Here are some potential lines of defense for persons accused of elder abuse. Call Chambers Law Firm at 714-760-4088 if you are in need of a free legal consultation.
Elder Abuse Relies Heavily on Willfulness
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. Your elder’s maltreatment may have been unintentional, which would be 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
A criminal defense lawyer might try to demonstrate that the neglect was just carelessness if a person is accused of neglect rather than intentional abuse. 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 merely 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 untrue. 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 age rather than being consistent with abuse.
Victims Might Not Be Able to Provide Trustworthy Testimony
Elder abuse trials are challenging because the victims are sometimes too frail or old to testify for themselves. The truth 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 there is insufficient evidence to support the witness’ testimony.
Get The Assistance You Require Straight Away Because Every Case Is Different
Anybody who has been accused of a crime, or who has cause to suspect they will soon, needs a tenacious defense lawyer on their side. We can examine your case for free at Chambers Law Firm. You should work with us if you want a lawyer who will fight tenaciously for your rights. Call 714-760-4088 now for a free legal consultation.
