Across the country, many states have similar laws with regard to assault offenses. This is considered a serious crime and comes with severe penalties and sanctions if convicted. These punishments are expanded if the victim of an assault does not have adequate faculty or ability to defend themselves.
Considering the possibility of long jail terms and costly fines, understanding your defense options will give you a much better opportunity to defend your name and move on in life with your freedom intact.
Injury to an Elderly or Disabled Person Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX
No matter if an elderly or disabled individual was injured intentionally or unintentionally, the state will aggressively prosecute those who are suspected of assaulting a member of these physically and mentally vulnerable groups.
With this in mind, immediately framing a defense strategy, with a capable criminal defense attorney, will allow you to effectively argue your case and increase your chances of getting the charges dropped or even completely dismissed.
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.
Injury to an Elderly or Disabled Person under Texas Law
According to Texas Penal Code §22.04, a person commits the offense of injury to an elderly or disabled individual if they intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual:
- serious bodily injury;
- serious mental deficiency, impairment, or injury; or
- bodily injury.
This offense, if done “knowingly or intentionally” and results in serious bodily injury or serious mental deficiency or injury, it is considered a felony of the first degree. If convicted, this charge comes with a presumptive sentence of up to 99 years in prison and/or fines not to exceed $10,000. If the offense is done “recklessly” it is considered a felony of the second degree (up to 20 years in prison and/or a fine not to exceed $10,000).
If bodily injury (not “serious”) results from “knowing or intentional” actions, it is considered a felony of the third degree, which comes with a presumptive sentence of up to 10 years in prison and a fine not to exceed $10,000. If the offense is done recklessly, the charge will be a state jail felony, which comes with a presumptive sentence of up to 2 years in jail and/or a fine not to exceed $10,000 (§12.35).
In addition, a person commits this offense if the person is an owner, operator, or employee of a group home, nursing facility, assisted living facility, intermediate care facility for persons with mental retardation, or other institutional care facility and the person intentionally, knowingly, recklessly, or with criminal negligence by omission causes to an elderly or disabled individual who is a resident of that group home or facility:
- serious bodily injury;
- serious mental deficiency, impairment, or injury;
- bodily injury; or
- exploitation.
Although treated as a separate offense in court, this comes with similar penalties. “Knowingly or intentionally” causing serious injury will be charged as a felony of the first degree, whereas “recklessly” committing the act will be considered a felony of the second degree.
If the offender knowingly or intentionally causes bodily injury, they will be charged with a felony of the third degree, and if they do so “recklessly” they will be charged with a state jail felony.
As for specific definitions, “elderly person” is considered an individual that is 65 years or older. “Disabled individual” means a person older than 14 years of age who, by reason of age or physical or mental disease, defect, or injury, is substantially unable to protect himself from harm or to provide food, shelter, or medical care for himself. “Exploitation” means the illegal or improper use of an individual or of the resources of the individual for monetary or personal benefit, profit, or gain.
Find A Dallas County Defense Attorney for Injury to an Elderly Person Charges | Law Offices of Richard C. McConathy
If you or a loved one is currently dealing with an assault charge that involves injury to an elderly or disabled person in north Texas, take the steps necessary to protect your freedom and call the experienced and knowledgeable criminal defense attorneys in Dallas.
A strong legal acumen, along with a commitment to the clients they serve, makes our legal team vital in your long-term legal prospects. They will do everything in their power to develop the most effective defense strategy possible and implement this argument in a way that puts you in a favorable position with regard to the charges.
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.