Injury to a Child, Elderly Individual, or Disabled Individual

While the police treat any allegation of assault seriously, officers pay special attention when the alleged victim is elderly, a disabled person, or a child. If you have been accused of this offense, it is crucial that you seek legal counsel right away.

Definition

Texas Penal Code Section 22.04 defines Injury to a Child, Elderly Individual, or Disabled Individual as an act, done either intentionally, knowingly, recklessly, or with criminal negligence that results in serious bodily injury, mental impairment, or pain to a child, elderly person, or disabled person; or, by omission, intentionally, knowingly, or recklessly, causes to a child, elderly individual, or disabled individual

As you can see, unlike a standard assault case, resulting injuries are not limited to the actions you take. You could also be prosecuted based on your inaction. Known as an omission, if your inaction resulted in a substantial risk of injury or death to an elderly person, you could be charged with a crime.

Not every omission that puts someone at risk will lead to criminal charges. You must have owed the elderly person some kind of obligation to protect them from harm. This could be through a statutory legal obligation, such as serving as their legal guardian; or it can be through a more informal relationship as long the actor has assumed care, custody, or control of the individual.

Protected Persons Defined:

For the purposes of this offense:

Elderly individual: is defined as someone who is 65 years of age or older
Child: is defined as a person 14 years of age or younger.
Disabled individual: is defined as person with one or more of the following:

• Autism
• Intellectual disability
• Severe emotional disturbances
• Traumatic brain injury
• Mental Illness
• Anyone, by reason of age, mental disease or defect, is substantially unable to protect themselves from harm or provide food, medical care, or shelter to the person’s self.

Potential Penalties

Injuries to the elderly, disabled, and children are classified into varying felony levels, ranging from state jail felonies to first-degree felonies, depending on the alleged mental state, severity of the injury, and whether the accused is a professional caregiver.

• A first-degree felony involves intentionally or knowingly causing serious bodily or mental injury and is punishable by 5 to 99 years in prison and a fine of up to $10,000.
• Second-degree felonies, which include recklessly causing serious bodily or mental injury or intentionally injuring a disabled individual in a care facility while employed as a caregiver, carry penalties of 2 to 20 years in prison and up to a $10,000 fine.
• Third-degree felonies involve intentionally or knowingly causing bodily injury and are punishable by 2 to 10 years in prison, with a $10,000 fine.
• Finally, state jail felonies, which include recklessly or negligently causing bodily injury or serious impairment, are punishable by 180 days to 2 years in state jail and a fine up to $10,000.

Call Barton & Associates, Attorneys At Law, PLLC Right Away

Let the team at Barton & Associates, Attorneys at Law, PLLC, help you review your options and determine the right strategy. We understand it can be difficult to navigate the legal system with these charges, and we are here to help simplify things for you. Contact us as soon as possible following an assault on an elderly person’s arrest.