Columbia Vulnerable Adult Domestic Violence Lawyer
A vulnerable adult is defined as a person 18 years of age or older who has a physical or mental condition which substantially impairs them from adequately providing their own care or protection. This includes those who are impaired in the ability to adequately provide for their own care or protection because of the infirmities of aging, including, but not limited, to organic brain damage, advanced age, physical, mental, or emotional dysfunction. If you have been charged with domestic violence of a vulnerable adult, consult with a seasoned domestic violence attorney right away. A Columbia vulnerable adult domestic violence lawyer could stand by your side and advocate on your behalf.
Common Examples of Abuse of a Vulnerable Adult
When someone is unable to take care of themselves, they usually will be placed to live in a nursing home. A common example of abuse of a vulnerable adult is when someone physically abuses a resident in a nursing home. Every now and then, there are cases where it happens in adult daycares but this offense is more commonly found in nursing homes.
Neglect is also frequently seen in these types of cases. This is when someone is responsible for the vulnerable adult and then does not properly take care of them. Examples could be not feeding or bathing them properly. When someone has been charged with one of these kinds of offenses, it is essential that they contact a Columbia vulnerable adult domestic violence lawyer.
Domestic Violence of a Vulnerable Adult Penalties
It is a misdemeanor when someone fails to report abuse, neglect, or exploitation of a vulnerable adult. When an individual is facing such charges, they are looking at one year as a maximum jail sentence. If a person knowingly or willfully abused, neglected, or exploited a vulnerable adult, it is a felony. Someone facing felony charges for domestic violence of a vulnerable adult could get up to five years in prison.
Domestic violence of vulnerable adult penalties is more serious when there is a willful abuse or neglect that results in a great bodily injury. When someone causes a great bodily injury to a vulnerable adult, they are facing up to 15 years in prison. Penalties for the willful abuse or neglect of a vulnerable adult that results in death carries up to 30 years in prison.
Defense Strategies
The first thing a Columbia vulnerable adult domestic violence lawyer does when reviewing a case is, determine whether the state can prove their case. The law defines neglect as a failure or omission of a caregiver to provide the care, goods, and services necessary to maintain the health or safety of a vulnerable adult. This would include, but not limited, to food, clothing, medicine, shelter, supervision, and medical services.
The defense attorney needs to determine:
- If the person is a caregiver under the definition
- If the individual meets the definition of a caregiver
- Does what happened to the vulnerable adult meet the definition of neglect
- Does what happened to the vulnerable adult meet the definition of physical abuse
The law defines physical abuse as intentionally inflicting or allowing to inflict physical injury on a vulnerable adult by an actor or by a failure to act. This includes slapping, hitting, kicking, biting, choking, pinching, burning, and other harmful acts.
Contacting a Columbia Vulnerable Adult Domestic Violence Attorney
As the statute reads, the prosecution must show that the investigation revealed very specific offers of proof. There are specific actions that are required to report abuse and someone can be convicted of not reporting abuse, or someone can be convicted of not providing the proper care of a vulnerable adult.
When someone has been charged with abusing a vulnerable adult, they should seek the services of a Columbia vulnerable adult domestic violence lawyer as soon as possible. An experienced attorney will be able to know how to build a proper defense to help you if you are facing charges.