 Across the nation (and Arizona is no different) law enforcement and prosecuting agencies have increased efforts to go after crimes targeting older people. It is estimated that for each of the roughly five million elder abuse cases occurring in the US each year, there are an additional 20+ unreported cases. This stark finding, paired with the special vulnerability of a growing aging population, is the primary motivation for this increase in enforcement. In Arizona, it is estimated that there are over 100,000 cases of elder abuse each year, and state and local agencies have responded by creating specialized units focused on these unique cases. In Arizona, Adult Protective Services is one of the most active agencies in investigating tips and reports of alleged elder abuse. If you or a loved one has been accused, arrested, or charged with a crime involving elder victims, contact the Tucson Defenders today for a FREE CONSULTATION with a criminal defense attorney. 520-585-5757. One of the more unique aspects of elder abuse cases is not only the age of the alleged victims, but also that there is generally some sort of relationship between the alleged victim and alleged perpetrator. Family and caregiver relationships are the most common, wherein individuals who have some control over the alleged victims owe a duty of care, and are entrusted with caring for them. Often, alleged victims of physical abuse, sexual abuse, rape, neglect, verbal/emotional abuse, and the like are living in a nursing home, or undergo in-home care. More about Assault Crimes Financial elder abuse is also very common, wherein family members and/or caregivers are accused of exerting influence over mentally infirm elders in order to secure monetary gifts, inheritances, and the like. Often, relatives accuse each other in such matters, fearing that one person is taking advantage of a vulnerable elderly person. More about Theft Crimes The broad range of acts that can qualify as elder abuse means that there can be many different charges brought in cases of suspected elder abuse. These crimes range from Class 2 to Class 6 felonies, with possible punishments anywhere from 1 year to 12 years in prison. Some common defenses to elder abuse cases include: False accusations (most common when a family member makes the accusation), mistaken identity, accuser was confused or has impaired memory, character of the accused, and more. Because this category of crime can cover varying types of conduct, the specific defense strategy (investigation, motions, trial defenses) will also vary. For example, financial elder abuse accusations may require a close examination of financial records and legal documents, whereas investigations of physical abuse will more likely require examination of alleged injuries, expert analysis, and interviewing witnesses. CONTACT A TUCSON CRIMINAL DEFENSE LAWYER TODAY FOR A FREE CONSULTATION 520-585-5757
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November 2024
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