An Oklahoma elder abuse attorney defends individuals accused of abusing, neglecting, or exploiting an older adult or vulnerable adult. The elder abuse defense lawyers at Phillips & Associates handle cases involving physical abuse, verbal or emotional abuse, and neglect of elderly family members, nursing home residents, and adults who need assistance with daily care. The criminal law firm defends clients charged with financial exploitation of an elderly person, including misuse of a power of attorney, theft, fraud, or improper use of bank accounts and benefits. Oklahoma elder abuse cases often involve related accusations such as caregiver neglect, falsified caregiving records, or allegations made during guardianship, probate, or family disputes. An elder abuse defense attorney explains the charges and possible punishments to the client, protects the client’s rights during interviews and court hearings, and reviews medical records, caregiver notes, financial documents, and witness statements. These documents are used to challenge weak or biased evidence, negotiates reduced charges or dismissals when possible, and prepares a strong legal defense for trial if the case cannot be resolved.

Assault, abuse, and exploitation of the elderly is not okay. However, you may find yourself the victim of a false allegation by an elderly parent suffering from dementia. You may have let your frustration with your challenging situation get the better of you and committed a terrible mistake by hurting someone. Regardless of the circumstances leading to your criminal charge, there are options for your defense that can prove your innocence or make the most of a difficult situation.

Oklahoma City Elder Abuse Attorney Reviews

Hiring Phillips & Associates elder abuse defense attorneys in Oklahoma City provides numerous benefits and advantages to those accused of elder abuse, neglect, or exploitation.

Best Oklahoma City Elder Abuse Attorney Near Me

The best elder abuse defense attorneys near you are found at Phillips & Associates of Oklahoma City. The criminal defense firm represents people across Oklahoma who are facing accusations of elder abuse, elder neglect, or financial exploitation of an older adult. Phillips & Associates has built a reputation for client trust, legal skill, and successful results in serious felony and misdemeanor elder abuse cases. The firm’s commitment to personalized service has earned them 93 glowing online reviews. Positive feedback from past clients reflects the consistent dedication, courtroom experience, and compassion that Phillips & Associates brings to every elder abuse defense case.

Types of Elder Abuse Charges Our Attorneys Defend

The types of charges our elder abuse lawyers defend include physical abuse, verbal, emotional, or psychologicial abuse, sexual abuse, financial abuse and exploitation, and caregiver neglect.

The types of elder abuse charges our attorneys defend are listed below.

• Abuse, neglect, or financial exploitation by caretaker – 21 O.S. § 843.1
  Charge for a caretaker or other person who abuses, commits financial neglect, neglects, commits sexual abuse, or exploits a person entrusted to their care in a nursing facility or other setting, or who knowingly allows these acts to occur.
• Verbal abuse by a caretaker – 21 O.S. § 843.2
  Verbal abuse by a caretaker is a misdemeanor charge for verbally abusing a person in their care, or knowingly causing, securing, or permitting verbal abuse through words, sounds, or behavior meant to humiliate, intimidate, or degrade the vulnerable adult.
• Abuse, sexual abuse, exploitation, or neglect of a vulnerable adult – 21 O.S. § 843.3
  Felony charge for any person who abuses, sexually abuses, exploits, or neglects a “vulnerable adult” as defined in Oklahoma law, including caretakers who purposely, knowingly, or recklessly fail to provide proper care.
• Exploitation of elderly persons or disabled adults – 21 O.S. § 843.4
  Felony charge for exploiting an elderly person (age sixty-two or older) or disabled adult by misusing their funds, assets, or property, with penalties that increase when the amount taken reaches higher value levels.

False allegations are common in all types of elder abuse cases. The elder abuse attorneys at Phillips & Associates have a deep understanding of elder abuse law and examine all evidence to ensure the accused receive fair treatment before Oklahoma courts.

Legal Defense for Elder Abuse Charges

If you have been accused of harming the physical, emotional, or financial health of a vulnerable adult entrusted to you care, you need a defense lawyer with experience in elder law now. Because the alleged victim is deemed helpless and susceptible to exploitation, you will be subject to vigorous prosecution and enhanced penalties if convicted.

Call (405) 418-8888 to speak with an attorney about your case or submit the confidential case review form on our website.

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What is Considered Elder Abuse?

What is considered elder abuse according to Oklahoma law depends on the age or vulnerability of the person and the type of conduct involved. Elder abuse includes harming, threatening, neglecting, or exploiting an older adult or vulnerable adult, especially when a caregiver, family member, or trusted person is involved. Elder abuse can involve hitting, pushing, slapping, restraining, or other physical abuse, but it also includes verbal and emotional abuse, such as insults, humiliation, or threats that cause fear or mental distress. Elder abuse can also take the form of neglect, where a caregiver fails to provide food, medication, hygiene, or supervision, or leaves a vulnerable adult in unsafe or unsanitary conditions. Financial exploitation is another common type of elder abuse and includes stealing money, misusing a power of attorney, pressuring an elder to sign documents, or taking property without permission. When this kind of conduct targets an older adult or vulnerable adult, Oklahoma law treats it as elder abuse rather than a simple assault, theft, or family dispute.

Is Elder Abuse a Type of Domestic Violence?

Elder abuse is considered domestic violence in Oklahoma under specific circumstances including when the abuser is a current or former spouse, a family member (child, sibling, grandchild, parent, etc), a household member, a caretaker, or someone with whom the victim shares a child. Those facing charges of elder abuse for violent acts should consult an Oklahoma domestic violence attorney immediately to ensure their rights are protected before the law.

What is the Elderly and Incapacitated Victim's Protection Act?

The Elderly and Incapacitated Victim's Protection Act, as found in 22 O.S. § 991a and subsequent sections, is designed to provide enhanced penalties for those who commit crimes against those aged 62 or older and those with a mental or physical illness or disability who are unable to protect themselves. Offenses subject to enhanced penalties under this act include:

• Assault, battery, or assault and battery with a dangerous weapon
• Aggravated assault and battery
• Second degree burglary
• Use of a firearm or offensive weapon to commit or attempt to commit a felony
• Pointing a firearm
• Grand larceny
• Extortion or obtaining a signature by extortion
• Fraud or obtaining or attempting to obtain property by trick or deception
• Embezzlement
• Caretaker abuse, neglect or exploitation

Anyone convicted of one of these offenses in which an elderly or incapacitated person is the victim is subject to not only the penalties prescribed by the penal code, but also:

• A minimum of 30 days in jail
• Restitution to the victim for property loss or damages, medical expenses, and out-of-pocket expenses
• Community service
• And any other fine or penalty provided by law

The penalties defined by the Elderly and Incapacitated Victim's Protection act are separate and in addition to the penalties of the underlying offense.

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