As a result of the increase in abuse and neglect of the elderly, many states in the U.S., including Nebraska, have passed legislation making it a crime to abuse or neglect an elderly individual. Though “battery” has long been a criminal offense, Nebraska Revised Statute 28-386 addresses “abuse, neglect, or exploitation of a vulnerable adult”, stating as follows:
(1) A person commits knowing and intentional abuse, neglect, or exploitation of a vulnerable adult if he or she through a knowing and intentional act causes or permits a vulnerable adult to be:
- Physically injured;
- Unreasonably confined;
- Sexually abused;
- Exploited;
- Cruelly punished;
- Neglected; or
- Sexually exploited.
Conviction of abuse, neglect, or exploitation of a vulnerable adult is a Class IIIA felony in the State of Nebraska. If convicted, you face up to five years in prison and/or up to a $10,000 fine.
Although people often think of abuse and neglect of the elderly occurring in a nursing home or other long-term care setting, the reality is that family members or other caregivers are frequently the perpetrators of abuse and neglect. Sometimes, however, a family member is wrongly accused. This can be the result of conflict within the family that centers on control of the elderly individual’s finances and/or assets. Sadly, accusations of abuse or neglect are often an easy way to get control of those finances or assets.
Whether you work in a nursing home or are a family member providing care for an elderly individual, if you are accused of battery or any other type of abuse or neglect it is imperative that you mount a defense. Remember, these are not just harmless accusations – you could be sentenced to prison if convicted.
If you have been charged with battery on an elderly person in Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an experienced criminal defense attorney.
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