Orlando Criminal Defense Attorneys Describe How to Beat Allegations of Elder Abuse
Allegations of elder abuse are serious and can lead to criminal charges. If you or a loved one is facing such allegations in Orlando, it’s important to have an experienced criminal defense attorney on your side. In this article, Orlando criminal defense lawyers describe potential defenses and strategies to fight accusations of elder mistreatment.
Understanding Elder Abuse Allegations
Elder abuse refers to intentional or negligent acts that cause harm to vulnerable adults over 60. This can include physical, sexual, or emotional abuse as well as exploitation, neglect, or abandonment. Elder abuse is illegal in Florida and can lead to criminal charges like battery, sexual assault, theft, or neglect.
Defense attorney Mark O’Mara explains that elder abuse cases often arise from misunderstandings or family conflicts. “We see a lot of cases where a caregiver or family member is just overwhelmed and snaps, or there is a long history of family dysfunction,” he says. “Prosecutors may charge abuse without considering the full context.”
Using Context as a Defense Strategy
Orlando defense lawyer Bill Umansky says using context is a key defense strategy for elder mistreatment cases. “We dig deep into the history and look for explanations that show there was no criminal intent,” he explains. This can include:
- Caregiver stress/burnout: Caring for an elderly parent can be exhausting. Lashing out occasionally doesn’t mean systematic abuse.
- Dementia behaviors: Elders with dementia can become combative and accuse others falsely.
- Pre-existing conditions: Injuries may be caused by falls, medical issues, or age rather than abuse.
- Family conflicts: Long-standing family dysfunction can lead to false allegations.
“If we can show there’s an alternate explanation, we can often get charges lowered or dismissed,” says Umansky.
Using Medical Records as a Defense
Orlando criminal defense lawyer David Haas also utilizes medical records in elder abuse defenses. “We obtain detailed medical records showing pre-existing conditions. If injuries or complaints are consistent with dementia, arthritis, or other disorders, it pokes holes in abuse claims.”Haas says medical experts can also assess an elder’s credibility regarding accusations. “Someone with advanced dementia may be confused or paranoid. Medical assessments can show if they are competent to testify credibly.”
Disputing Evidence of Financial Exploitation
Another common elder abuse allegation involves financial exploitation, such as misusing a senior’s money or assets. Defense lawyer Rajan Joshi often disputes this evidence:
- Shared finances: Typical for married couples or joint account holders. Needs context.
- Gifts: Seniors often freely give money/property to caregivers or relatives.
- POA: Durable powers of attorney (POA) allow financial decisions if the elder approves.
- Confusion/paranoia: Dementia can cause false beliefs about “missing” money.
“We can usually show the senior consented to financial arrangements. The state must then prove intentional exploitation beyond reasonable doubt,” Joshi explains.
Using Character Witnesses to Show Caregiving
Mark O’Mara also uses character witnesses to demonstrate appropriate care and counter abuse claims. “We have neighbors, friends, physicians testify to the constant care and devotion provided,” he says. “Photos, cards, and letters also show deep bonds between elders and caregivers.
“Painting a picture of sacrifice and commitment makes allegations of mistreatment less believable. “No jury will convict when there is clear evidence of real compassion,” O’Mara states.
Negotiating Plea Deals or Diversion Programs
When defenses fall short, Orlando defense attorney Rajan Joshi bargains for plea deals. “Many abuse cases allow diversion programs or reduced charges if it’s a first offense,” he says. “We try to avoid jail time and criminal records that further disrupt families.
”However, Joshi cautions that pleas require admitting some responsibility. “We deny all culpability unless the evidence is overwhelming. Admissions can increase risk of civil lawsuits later.”
Conclusion: specialized legal help is crucial
As shown above, defending elder abuse cases requires an experienced attorney identifying alternate explanations, disputing state evidence, and negotiating favorable pleas when needed.
Orlando criminal defense lawyer David Haas summarizes: “These cases often seem clear-cut initially. But specialized legal help reveals critical context and pokes holes to beat allegations. Don’t go it alone.
”Having skilled legal guidance maximizes the chance of dismissing unfounded charges or minimizing penalties. Contact an Orlando criminal defense attorney today for personalized help fighting accusations of elder mistreatment.