Elder Abuse – NRS 200.5093

Overview

Elder abuse is a serious issue in Nevada and is addressed under Nevada Revised Statute (NRS) 200.5093. This law defines and penalizes the mistreatment of older adults, recognizing their vulnerability and the need for protection. Understanding the implications of this statute is crucial for caregivers, family members, and individuals facing allegations of elder abuse.

Definition of Elder Abuse

Under NRS 200.5093, “elder abuse” encompasses a range of harmful behaviors directed at individuals aged 60 and older. Key components of the law include:

1. Types of Abuse: The statute outlines various forms of elder abuse, including:
   • Physical Abuse: Inflicting physical harm or injury, such as hitting, slapping, or restraining.
   • Emotional or Psychological Abuse: Causing emotional pain or distress through verbal assaults, threats, or humiliation.
   • Financial Exploitation: Illegally or improperly using an elder’s funds or resources, including theft, fraud, or coercion to gain access to finances.
   • Neglect: Failing to provide necessary care, assistance, or protection, leading to harm or endangerment of the elder’s well-being.
2. Responsible Parties: Elder abuse can be committed by various individuals, including family members, caregivers, or any person in a position of trust.

Legal Requirements for Prosecution

To secure a conviction for elder abuse under NRS 200.5093, the prosecution must prove several elements beyond a reasonable doubt:

1. Victim’s Age: The victim must be 60 years of age or older.
2. Type of Abuse: The prosecution must demonstrate that the accused engaged in one or more forms of abuse as defined by the statute.
3. Intent: The prosecution must show that the accused acted intentionally or knowingly in causing harm or distress to the elder.

Related Offenses

Elder abuse is related to several other offenses, including:

• Assault – NRS 200.471: Involves causing physical harm or the threat of harm to another person, which can overlap with cases of elder abuse.
• Neglect of a Vulnerable Person – NRS 200.508: Specifically addresses the neglect of individuals who are unable to care for themselves.
• Financial Exploitation – NRS 205.377: Involves stealing or defrauding an elder or vulnerable adult of their financial resources.

Examples of Elder Abuse

To illustrate how NRS 200.5093 is applied, consider these examples:

• Example 1: A caregiver intentionally withholds medication from an elderly patient, leading to a decline in health. This act can be classified as neglect and may result in elder abuse charges.
• Example 2: An adult child pressures their elderly parent to change their will to benefit themselves financially, using threats or emotional manipulation. This constitutes financial exploitation under the law.

Penalties for Elder Abuse

The penalties for elder abuse under NRS 200.5093 can vary based on the severity of the offense:

• Category C Felony: Most forms of elder abuse, especially when resulting in significant harm or distress, are charged as Category C felonies, which can lead to:
  • Imprisonment: 1 to 5 years in the Nevada Department of Corrections.
  • Fines: Up to $10,000.
• Category B Felony: If the abuse results in substantial bodily harm, the charge may escalate to a Category B felony, which carries:
  • Imprisonment: 2 to 15 years.
  • Fines: Up to $10,000.

Defenses Against Elder Abuse Charges

If you are facing charges of elder abuse under NRS 200.5093, several defenses may apply:

1. Lack of Intent: Demonstrating that the accused did not intend to cause harm or distress can be a strong defense. If the actions were unintentional or accidental, this may mitigate liability.
2. Innocent Conduct: If the behavior in question can be shown to be appropriate or justified given the circumstances, it may serve as a defense.
3. False Allegations: If the charges are based on false accusations or misunderstandings, presenting evidence to support this claim can lead to dismissal of the charges.
4. Medical or Care Decisions: In cases involving care decisions, showing that the accused acted in the best interest of the elder can be a valid defense against allegations of neglect or abuse.

The Importance of Legal Representation

Navigating the complexities of elder abuse charges requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling sensitive cases, including elder abuse, equips him to provide a robust defense against charges under NRS 200.5093.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and understanding the intricacies of Nevada’s legal landscape make him a strong advocate in elder abuse cases.

Understanding Your Rights

If you are accused of elder abuse, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against elder abuse charges under NRS 200.5093 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.