Elder Abuse

Elder Abuse Defense in Taney, Stone, and Christian Counties in Missouri

Facing accusations of elder abuse is a serious matter that can have life-changing consequences. At Scrivner Law Firm, our Taney County elder abuse defense lawyer understands how complex and emotional these cases can be. Whether you are a caregiver, family member, or healthcare provider, being accused of elder abuse can jeopardize your reputation, relationships, and future. We are here to provide compassionate, skilled, and aggressive legal defense to protect your rights and ensure a fair outcome.

Understanding Elder Abuse Laws in Missouri

Elder abuse encompasses a wide range of allegations involving the mistreatment of individuals aged 60 and older. Under Missouri law, these allegations can include physical abuse, emotional abuse, financial exploitation, neglect, and even abandonment. The penalties for elder abuse depend on the severity of the alleged actions and the resulting harm to the victim.

Missouri law categorizes elder abuse into three degrees:

• First-Degree Elder Abuse: Involves intentionally causing serious physical injury to an elderly individual. This is a Class A felony, punishable by 10 years to life imprisonment.
• Second-Degree Elder Abuse: Involves recklessly causing serious injury or intentionally causing physical pain or suffering. This is a Class B felony, with penalties ranging from 5 to 15 years in prison.
• Third-Degree Elder Abuse: Involves causing physical pain, injury, or suffering through criminal negligence or knowingly acting in a way that creates a substantial risk. This is a Class A misdemeanor, punishable by up to one year in jail and fines up to $2,000.

Other related charges, such as financial exploitation, carry additional penalties that vary based on the monetary value involved.

Common Allegations in Elder Abuse Cases

Accusations of elder abuse can arise from a variety of situations, including:

• Physical Abuse: Allegations of hitting, pushing, or otherwise physically harming an elderly person.
• Neglect: Claims that a caregiver failed to provide adequate food, shelter, medication, or hygiene.
• Emotional Abuse: Accusations of verbal threats, humiliation, or isolation.
• Financial Exploitation: Allegations of misusing an elderly person’s funds, property, or assets.
• Abandonment: Claims of leaving an elderly person without adequate care or support.

These accusations often arise in emotionally charged environments, such as disputes between family members or conflicts in caregiving situations. Unfortunately, misunderstandings, false accusations, or exaggerated claims can lead to unwarranted criminal charges.

Building a Strong Defense Against Elder Abuse Charges

At Scrivner Law Firm, we know that every case is unique and requires a tailored defense strategy. When you hire our Taney County elder abuse lawyer and former prosecutor, Dayrell Scrivner, he will thoroughly investigate the facts, analyze the evidence, and develop a defense that challenges the prosecution’s case. Common defense strategies include:

• Lack of Intent: Many elder abuse laws require proof that the accused acted intentionally or recklessly. If the alleged actions were accidental, this could undermine the prosecution’s case.
• False Accusations: Family disputes or misunderstandings can sometimes lead to false or exaggerated allegations. We work to uncover inconsistencies in the accuser’s story and present evidence that supports your innocence.
• Insufficient Evidence: Prosecutors must provide clear evidence to prove guilt beyond a reasonable doubt. If the evidence is weak or circumstantial, we will challenge its validity and relevance.
• Mistaken Identity: In some cases, the wrong person may be accused of elder abuse. We investigate thoroughly to determine if another individual may be responsible.
• Consent: In financial exploitation cases, the elderly individual may have willingly given their consent for certain financial transactions. Documentation and witness testimony can support this defense.

Protecting Your Rights During an Investigation

If you are under investigation for elder abuse, it is crucial to take immediate action to protect your rights. Law enforcement and social services agencies may attempt to gather evidence or statements that can be used against you. Here are a few tips to safeguard your legal position:

1. Do Not Speak Without an Attorney: Anything you say to investigators or law enforcement can be used as evidence. Politely decline to answer questions until you have legal representation.
2. Preserve Evidence: Gather documentation, such as caregiving logs, financial records, and correspondence, that may support your defense.
3. Avoid Retaliation: Refrain from contacting the accuser directly, as this can complicate your case.
4. Hire Experienced Legal Counsel: An experienced elder abuse defense attorney can guide you through the investigation process and advocate for your rights.

Why Choose Scrivner Law Firm?

Defending against elder abuse charges requires a deep understanding of Missouri law, meticulous preparation, and a commitment to justice. At Scrivner Law Firm, we offer:

• Former Prosecutor: Dayrell Scrivner previously served as an assistant prosecutor in Stone County. 
• Local Expertise: With extensive experience in Taney, Stone, and Christian counties, we understand the unique dynamics of the local courts and communities.
• Compassionate Representation: We recognize the emotional toll of elder abuse accusations and provide support and guidance throughout your case.
• Strategic Advocacy: We meticulously analyze every detail of your case to build a strong defense and challenge the prosecution’s evidence.
• Proven Results: Our track record of success demonstrates our ability to secure favorable outcomes for our clients, whether through dismissal, reduced charges, or acquittal.

Contact Scrivner Law Firm Today

Elder abuse accusations are not only legally serious but can also cause lasting damage to your reputation and relationships. At Scrivner Law Firm, we are dedicated to protecting your rights and fighting for a fair and just resolution. The sooner you seek legal counsel, the better your chances of building a strong defense.

If you or a loved one has been accused of elder abuse in Taney, Stone, or Christian counties, contact us today for a confidential consultation. Let us help you navigate this challenging time and work toward the best possible outcome for your case.

Call Scrivner Law Firm, LLC at (417) 699-0074 or fill out our online contact form to schedule your consultation.