ELDER ABUSE – DEFENSES

Defenses to elder abuse include the following:

•    Lack of intent: If the defendant accidentally, not willfully, caused unjustifiable physical pain or mental suffering to the victim, the defendant did not commit elder abuse.
•    Lack of criminal negligence: If the law requires that the defendant be criminally negligent in committing the crime, then if the defendant did not act in a way a reasonable person would determine had a high likelihood of causing great bodily harm, then the defendant did not commit elder abuse.
•    Victim was not at least 65 years old: If the victim was not at least 65 years old, the defendant did not commit elder abuse.
•    Lack of knowledge that victim was 65 years old: If the defendant did not actually or reasonably know that defendant was at least 65 years old, the defendant did not commit elder abuse.
•    Self-defense or defense of another: If the defendant acted under the reasonable belief that the alleged elder victim would imminently commit unlawful contact with the defendant or another, and the defendant reasonably believed that only force could prevent the unlawful contact, the defendant can use force to resist the unlawful contact.  The force cannot be greater than necessary to prevent the unlawful contact.

If you or someone you know has been accused of elder abuse, you need an experienced defense attorney who will carefully review the facts and the law to give you the best representation possible.  At Wallin & Klarich, we have over 30 years experience defending a variety of criminal matters, including elder abuse.  We will carefully review the evidence against you to secure the best possible outcome.  Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.