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Georgia Criminal Defense Attorney – Elder Abuse in Georgia

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Elder abuse cases trigger intense prosecutions across the State. Many county District Attorney Offices’, including Fulton and Cobb, have a specialized unit dedicating to bringing forth elder abuse charges. It is for this reason, it is imperative to have an attorney on your team soon as the investigation begins, and especially before speaking to law enforcement. 

                  Elder abuse is broad and includes several different definitions. Georgia law has criminalized the acts of knowingly and willingly exploiting an elder person or disable adult. Exploiting means improperly using the elder or disabled person’s resources through undue influence, coercion, harassment, deception, or other similar means for one’s own profit or advantage.

Georgia law has also criminalized the acts of inflicting pin, physical injury, sexual abuse, mental anguish, or unreasonable confinement on an elder person or disabled adult. It is also illegal to willfully withhold essential services to this category of protected citizens. An elder person is a person 65 years or older. A disabled adult is a person over 18 years old who is mentally or physically incapacitated or has Alzheimer’s or dementia.

What is the punishment for Elder Abuse in Georgia?

If convicted, it is treated as a felony punishable from 1 to 20 years imprisonment, and/or a fine of up to $50,000. If you are charged with threatening or intimidating an elder who is the subject of a report made, or any other person cooperating with law enforcement on the matter, it will be charged as a high and aggravated misdemeanor with the maximum sentence of 12 months in jail and/or a fine of up to $1,000.

If you are charged with Elder Abuse anywhere in Georgia, please
do the following:

1.     Call an attorney who has the specialized expertise to handle an Elder Abuse
case.

2.     Do not talk to the police without an attorney
present.

3.     Do not talk to any of the witnesses or victim.

4.     Let your attorney handle any interviews.

5.     Do not in anyway obstruct or impede the police
investigation. 

6.     Make a list of any witnesses who may help your
case and turn that list over to your attorney. 

If you are charged with Elder Abuse anywhere in the State of Georgia, it is
imperative that you get an attorney immediately. We will be glad to sit down
with you anytime for a free consultation. Call our office 24/7 at 404-581-0999.

Elder Abuse in Cobb County – Georgia Criminal Attorney

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If you are charged with Elder Abuse in Cobb County, it is imperative that you contact an attorney immediately. Do not talk to the police or answer any questions without an attorney.

The Cobb County District Attorney’s office has a specialized unit that prosecutes Elder Abuse cases.

What is Elder Abuse?

An elder is a person 65 or older. O.C.G.A. 16-5-100(4)

There are several different ways you can be charged with Elder Abuse in Cobb County.

  1. Neglect – When guardian or other person supervising welfare of having immediate charge, control, or custody willfully deprives a disabled adult, elder person, or resident of health care, shelter, or necessary sustenance to the extent that the health of well-being of such person is jeopardized. O.C.G.A. 16-5-101(a)
  2. Exploit – Any person who knowingly and willfully exploits, willfully inflicts physical pain or injury, sexual abuse, mental anguish, or unreasonable confinement; or willfully deprives of essential a disabled adult, elder person, or resident. O.C.G.A. 16-5-102(a)
  3. Intimidate – Any person who threatens, intimidates, or attempts to intimidate a disabled adult, elder person or resident who is the subject of a report made pursuant to Chapter 5 of Title 30 or Article 4 of Chapter 8 of Title 31, or any other person cooperating with an investigation conduct pursuant to this section.
  4. Obstruct – Any person who willfully and knowingly obstructs or in any way impedes an investigation conducted pursuant to 5 of Title 30 or Article 4 of Chapter 8 at Title 31.

So what about if you work with the person charged with elder abuse? IF you are an owner, officer, administrator, board member, employee, or agent of a long term care facility then you are not liable for the actions of another unless you knew or were willful to the abuse, neglect, or exploitation. O.C.G.A. 16-5-103.

If you are charged with Elder Abuse in Cobb County, please do the following:

  1. Call an attorney who can handle an Elder Abuse case.
  2. Do not talk to the police without an attorney present.
  3. Do not talk to any of the witnesses or victim. Let you attorney handle any interviews.
  4. Do not in anyway obstruct or impede the police investigation.
  5. Make a list of any witnesses who may help your case and turn that list over to your attorney.

The punishment for Elder Abuse in Cobb County by either Neglect or Exploitation is 1 to 20 years in the Georgia prison system and up to a $ 50,000 fine. O.C.G.A. 16-5-101(d); 16-5-102(a).

The punishment for Elder Abuse in Cobb County by either Intimidation or Obstruction is a high and aggravated misdemeanor. O.C.G.A. 16-5-102(b)(c)

If you are charged with Elder Abuse in Cobb County, it is imperative that you get an attorney immediately. We will be glad to sit down with you anytime for a free consultation. Call our office 24/7 at 404-581-0999.