Elder Abuse: Will The State Prosecute Me For Battery On An Elderly Person?

Author: Joe Pioletti Posted on: . Filed in: Criminal Law.

Elder abuse is a serious crime in Illinois. A conviction on an elder abuse charge could result in substantial fines and prison time. Illinois law enforcement agencies, prosecutors, and judges take a very dim view on battery in general, particularly battery on someone who is unable to defend himself or herself such as a child or an elderly person. Elder abuse can occur in the home, hospital, nursing home, or other personal care facility.

If you have been charged with elder abuse, you need an experienced elder abuse defense lawyer as soon as possible. The state will use whatever resources available to prosecute charges of elder abuse and request the maximum sentence for anyone found guilty of this crime. Contact the criminal defense attorneys of Pioletti & Pioletti at 309-938-4838 as soon as possible to discuss a defense strategy.

What is Elder Abuse?

Elder abuse takes many forms including physical, financial, and emotional abuse. It encompasses any intentional or negligent act by a caregiver or other adult that causes harm or risk to an elderly or vulnerable adult.

Examples of elder abuse include:

  • Physical elder abuse – Inflicting physical pain or causing the physical injury of an elderly adult. This also includes confinement of the elderly person by restraining or isolating the person without a valid medical reason.
  • Emotional elder abuse – This type of abuse encompasses verbally threatening, verbally assaulting, intimidating, or harassing an elderly adult.
  • Sexual abuse – Any sexual activity including fondling, intercourse, or touching an elderly person when such action is done without the willing consent of the elderly person, under duress or by threat, or when the elderly person is unable to understand what is happening to him or her.
  • Financial elder abuse – Using an elderly person’s money or resources without his or her consent to your benefit and to the detriment of the elderly person.
  • Elder abuse by neglect – This type of abuse does not require something to be done to the elderly person but deals with what is not done. It involves harming the elderly person by abandoning or neglecting his or her needs. Failing to provide adequate clothing, nutrition, shelter, and medical care are examples of neglect.

Elder abuse is a serious crime; however, we understand there are occasions when false allegations of elder abuse are made by family members or others. These false allegations of elder abuse may stem from a simple misunderstanding. Getting to the truth of the accusations is essential in order to build a strong defense. An injury lawyer conduct a thorough and complete investigation to determine what really happened. We are not here to judge you or the situation — we are here to listen and to advocate on your behalf in court.

Contact Our Office for a Consultation with an Experienced Illinois Criminal Defense Lawyer

The criminal defense attorneys of Pioletti & Pioletti represent individuals throughout McLean, Woodford, Tazewell, and Peoria counties by providing compassionate, competent legal services. Contact our office at 309-938-4838 to schedule your free consultation.

When you need the assistance of an experienced criminal defense attorney in central Illinois, call Pioletti & Pioletti.

Joe Pioletti

Joe Pioletti

Attorney Joe C. Pioletti was born and raised in Eureka, IL.Joe received his Bachelor of Arts Degree in Business Management from Eureka College where he also minored in Spanish.Joe then received his Juris Doctor from Southern Illinois University School of Law.While in law school Joe worked in the Domestic Violence Advocacy Clinic and was a three-time recipient of the Charter Class Campaign for Academic Excellence Scholarship.
Joe Pioletti