Our experienced criminal defense attorneys will work tirelessly to investigate the circumstances of the accusation, gather evidence, and challenge the prosecution’s case to ensure that your rights are protected. Whether the charges stem from physical abuse, neglect, or exploitation, we are prepared to defend you at every stage of the legal process.
Charged with Elder Abuse in Rhode Island?
Don’t face the legal system alone. Contact the experienced elder abuse defense attorneys at Marin & Murphy Law Firm for a free consultation.
Call (401) 228-8271 Now!
Types of Elder Abuse and Legal Definitions
Elder abuse cases can arise in various forms, and Rhode Island law provides specific definitions and penalties for offenses related to individuals over the age of sixty (60). It’s important to understand the different types of abuse and the legal ramifications of each:
- Physical Abuse: The intentional use of physical force resulting in injury or harm to an elderly individual.
- Emotional Abuse: Verbal threats, harassment, or other actions causing emotional distress.
- Neglect: Failing to provide the necessary care and protection to an elderly individual, especially in cases where there is a legal duty of care.
- Exploitation: Misusing or taking advantage of an elderly person’s assets, property, or financial resources without their informed consent.
Each of these forms of abuse can result in serious criminal charges, and depending on the nature and severity of the allegations, penalties can include lengthy prison sentences and significant fines.
Why You Need an Elder Abuse Defense Lawyer
Elder abuse charges are highly sensitive cases, and defending against them requires an experienced attorney who can navigate both the legal and emotional complexities involved. These cases often depend heavily on medical records, witness testimony, and the accused’s relationship with the alleged victim. Our team at Marin & Murphy Law Firm has years of experience in dealing with complicated elder abuse cases and can help you build a solid defense. We will work to:
- Investigate the circumstances surrounding the accusation.
- Identify inconsistencies in the alleged victim’s testimony.
- Cross-examine witnesses to expose potential biases or misunderstandings.
- Collaborate with medical experts to challenge claims of physical abuse or injury.
- Argue for reduced charges or alternative sentencing when appropriate.
Understanding Rhode Island Elder Abuse Penalties
The penalties for elder abuse in Rhode Island vary depending on the severity of the harm caused and the nature of the relationship between the accused and the elderly person. Rhode Island law defines different levels of assault and abuse based on whether the victim suffered bodily injury or serious bodily injury and whether a caretaker relationship existed.
Penalties for elder abuse in Rhode Island can include:
Assault on a Person Over 60 Years of Age – Bodily Injury
- Felony charge
- Up to 5 years in prison
- Fine up to $1,000
Assault on a Person Over 60 Years of Age – Serious Bodily Injury
- Felony charge
- Minimum of 3 years to a maximum of 20 years in prison
- Fine up to $10,000
- Full restitution to the victim
- Minimum of 500 hours of community service
Assault on a Person Over 60 Years of Age by Caretaker – Bodily Injury
- Felony charge
- Up to 5 years in prison
- Fine up to $2,500
Assault on a Person Over 60 Years of Age by Caretaker – Serious Bodily Injury
- Felony charge
- Minimum of 2 years to a maximum of 20 years in prison
- Fine up to $10,000
- Full restitution to the victim
- Minimum of 500 hours of community service
Challenging Elder Abuse Charges
There are several ways to challenge elder abuse charges in Rhode Island. Our defense strategy often includes:
- Lack of Intent: We may argue that the accused did not intentionally harm the elder individual, and any injury was accidental.
- False Allegations: In some cases, elder abuse claims may arise from misunderstandings, disputes over care, or even false accusations made by a third party. We will work to uncover any ulterior motives or conflicts that may have led to the false claims.
- Insufficient Evidence: We will scrutinize the prosecution’s evidence to ensure that it meets the required legal standard. If there is insufficient evidence to prove guilt beyond a reasonable doubt, we will fight to have the charges dismissed.
- Defensive Caregiving Actions: We will explore whether the accused acted in a reasonable manner under the circumstances, such as responding to a medical emergency or preventing the elderly person from harming themselves.
What To Do If You Are Charged with Elder Abuse
If you are accused of elder abuse, it is critical to take the following steps immediately:
- Seek Legal Counsel: Contact Marin & Murphy Law Firm at (401) 228-8271 for a free consultation. Do not speak to law enforcement or the alleged victim without legal representation.
- Document Everything: Keep detailed records of any interactions you have with the elderly individual, including medical care and financial transactions.
- Avoid Contact: If there is a protective order in place, do not attempt to contact the alleged victim. Violation of such orders can result in additional criminal charges.
- Stay Calm: Facing elder abuse charges is an emotional experience, but it’s important to remain calm and let your attorney guide you through the legal process.
Contact Marin & Murphy Law Firm for Your Defense
If you or a loved one has been accused of elder abuse in Rhode Island, don’t wait—contact Marin & Murphy Law Firm immediately. Our attorneys are experienced in handling elder abuse cases and are dedicated to protecting your rights. Call us today at 401-228-8271 or email us at mm@matthewtmarin.com for a confidential consultation.
Rhode Island Elder Abuse Laws
§ 11-5-10 Assault on persons 60 years of age or older causing bodily injury.
Any person who shall commit an assault and battery upon a person sixty (60) years of age or older, causing bodily injury, shall be deemed to have committed a felony and shall be imprisoned not exceeding five (5) years, or fined not exceeding one thousand dollars ($1,000), or both.
§ 11-5-10.1 Assault on persons 60 years of age or older causing serious bodily injury.
(a) Any person who shall commit an assault or battery, or both, upon a person sixty (60) years of age or older, causing serious bodily injury, shall be deemed to have committed a felony and shall be imprisoned for not less than three (3) years but not more than twenty (20) years, or fined not more than ten thousand dollars ($10,000), or both. Every person so convicted shall be ordered to make restitution to the victim of the offense or to perform up to five hundred (500) hours of public community restitution work or attend violence counseling and/or substance abuse counseling, or any combination of them imposed by the sentencing judge. The court may not waive the obligation to make restitution and/or public community restitution work. The restitution and/or public community restitution work shall be in addition to any fine or sentence that may be imposed and not in lieu of the fine or sentence.
(b) “Serious bodily injury” means physical injury that:
(1) Creates a substantial risk of death;
(2) Causes protracted loss or impairment of the function of any bodily part, member or organ; or
(3) Causes serious permanent disfigurement.
§ 11-5-10.3 Assault on persons 60 years of age or older by caretaker causing bodily injury.
Any person who shall commit an assault and battery upon a person sixty (60) years of age or older, causing bodily injury, and who was, at the time of the assault and battery, responsible for the care and treatment of the victim, shall be deemed to have committed a felony and shall be imprisoned not exceeding five (5) years, or fined not exceeding two thousand five hundred dollars ($2,500), or both. Further, if at the time of the assault and battery the person committing the act was employed by a health care facility that either condoned the act or attempted to conceal it, the health care facility shall be fined not exceeding five thousand dollars ($5,000).
§ 11-5-10.4 Assault on persons 60 years of age or older by caretaker causing serious bodily injury.
(a) Any person who shall commit an assault or battery, or both, upon a person sixty (60) years of age or older, causing serious bodily injury, and who was, at the time of the assault and battery, responsible for the care and treatment of the victim, shall be deemed to have committed a felony and shall be imprisoned for not less than two (2) years but not more than twenty (20) years, or fined not more than ten thousand dollars ($10,000), or both. Further, if at the time of the assault and battery the person committing the act was employed by a health care facility that either condoned the act or attempted to conceal it, the health care facility shall be fined not exceeding fifteen thousand dollars ($15,000). Every person so convicted shall be ordered to make restitution to the victim of the offense or to perform up to five hundred (500) hours of public community restitution work or attend violence counseling and/or substance abuse counseling, or any combination of them imposed by the sentencing judge. The court may not waive the obligation to make restitution and/or public community restitution work. The restitution and/or public community restitution work shall be in addition to any fine or sentence that may be imposed and not in lieu of the fine or sentence.
(b) “Serious bodily injury” means physical injury that:
(1) Creates a substantial risk of death;
(2) Causes protracted loss or impairment of the function of any bodily part, member, or organ; or
(3) Causes serious permanent disfigurement.
