Defense Lawyer for Elder Abuse Charges in Georgia - Bixon Law

Defense Lawyer for Elder Abuse Charges in Georgia

Defense Lawyer for Elder Abuse Charges in Georgia

Georgia is getting older. According to an AJC article published in 2018, the state’s senior citizen population is on the rise. In fact, the Georgia Council on Aging has reported a 550% increase in elder abuse since 2010. With the steady growth of seniors in Georgia also comes along an increase in elder abuse prosecutions.

To combat elder abuse, Georgia lawmakers—in recent years—have: passed bills to crack down on elder abuse, increased funding poured into Georgia’s Adult Services agency, created and funded a new position for a statewide elder abuse prosecutor, and established a new GBI unit to focus on elder abuse crimes (Crimes Against At-Risks Adults Unit). There is no doubt that the state of Georgia is taking elder abuse seriously. The elderly in our Georgia counties and communities should be protected against any criminal behavior exhibited towards them. However, as experienced criminal defense attorneys, we also know that our criminal justice system doesn’t always get it right and that many people are falsely accused of crimes that they did not commit—including elder abuse.

While these initiatives demonstrate the state’s commitment to addressing elder abuse, it’s essential to acknowledge the potential for wrongful accusations within the criminal justice system. At Bixon Law, we are advocates for fairness and justice. We strive to ensure that the rights of both the victims and those accused are protected, particularly in cases as sensitive and nuanced as elder abuse.

Understanding Elder Abuse

Not only are elder abuse charges on the rise because of the growth in the senior population in Georgia but also because, historically, elder abuse cases were viewed as civil matters amongst law enforcement and not criminal offenses. To be clear—in Georgia, elder abuse is a crime.

Under Georgia law, it is a felony for any person to knowingly and willfully exploit, inflict physical pain, physical injury, sexually abuse, impose mental anguish upon, unreasonably confine or deprive of essential services an elder person or disabled adult. Upon conviction, an offender can be imprisoned for 1 – 20 years and/or fined $50,000. Because the statute covers physical injury and sexual abuse, elder abuse is handled as a violent crime by Georgia prosecutors. Further, any person found guilty of threatening, intimidating, or attempting to intimidate an elder person or disabled adult will be convicted of a misdemeanor of a high and aggravated nature.  O.C.G.A. §16-5-102. Essentially, anyone from family members and caregivers to fiduciaries and con artists “running get-rich scams” on the elderly can be charged with elder abuse.

The shift from viewing elder abuse cases solely as civil matters to recognizing them as serious criminal offenses has been a crucial development in Georgia’s legal landscape. With the understanding that elder abuse encompasses a range of harmful actions, including exploitation, physical and emotional abuse, and deprivation of essential services, the state has enacted stringent laws to protect its senior and disabled populations. With a rise in elder abuse cases, there also may be a rise in false accusations. Having a legal team that understands the complexities of elder abuse cases is essential to ensure that justice is served and individuals are protected from wrongful allegations.