In the state of Nevada, there are many different types of behaviors that have been defined as criminal behaviors. Many of these behaviors that have been defined as criminal relate to the unfair, improper, and sometimes dangerous treatment of a victim by a defendant. Laws aim to prevent perpetrators from causing harm to others through unlawful actions.
Within Nevada’s penal code prohibiting certain kinds of unlawful behavior, there are some victims who are considered especially vulnerable and at grave risk. This includes, for example, children and the elderly.
Because these individuals are considered to be at special risk both of being harmed and of suffering adverse consequences from harm, the law protects children and the elderly in important ways. The law also not only provides special protections against unlawful behavior, but also imposes harsher penalties when individuals are convicted of abusing or exploiting elderly individuals.
If you have been accused of a crime classified as abuse, neglect, exploitation, or isolation of an older and vulnerable person, you need to understand what laws apply to you, what a prosecutor must prove in order for you to be convicted, and what options you have for fighting charges that could be serious enough to derail your future. Getting the right legal help right away is going to be essential, and LV Criminal Defense is here to provide the necessary assistance to you.
Our Las Vegas criminal defense lawyers have successfully represented many defendants accused of various types of crimes against vulnerable persons, including abuse, neglect, and exploitation crimes. To find out more about how our legal team can help you to fight accusations made against you in connection with the abusive or wrongful behavior you allegedly perpetrated towards seniors, give us a call today.
Nevada laws on the abuse, neglect, exploitation and isolation of vulnerable persons can be found in a subsection of Chapter 200, which is the chapter of Title 15 that deals with crimes against persons. Title 15 is Nevada’s Penal Code, and crimes against persons are offenses in which victims are hurt or are at risk of injury.
The subsection on crimes against older persons and vulnerable persons includes Nevada Revised statute section 200.5091 through Nevada Revised Statute section 200.50995. The first statute within this subsection, N.R.S. 200.5091, outlines the general policy within the state of Nevada. According to this statute, it is Nevada’s policy to provide the cooperation of all appropriate state agencies, courts, and law enforcement officials to facilitate the identification of abuse, neglect, exploitation and isolation of older persons and vulnerable persons.
The state ensures that those in appropriate positions, including courts, state agencies, and law enforcement, should make reports of crimes committed against seniors and those who are vulnerable.
Nevada also makes the reporting of abuse mandatory in certain circumstances. Nevada Revised Statute section 200.5093 details the law on mandatory reporting and there are different versions of this statute found within Chapter 200. There is an older version effective only through June 30, 2010 and a new version of the law that became effective on July 1, 2010.
According to the revised law, any person in a professional or occupational capacity who knows about abuse, neglect, exploitation or isolation — or who has reason to know about abuse, neglect, exploitation or isolation — is required to provide a report to the local office of the Aging and Disability Services Division of the Health and Human Services Department; to a sheriff’s office or police department; to adult protective services if it exists in the county where the abuse is occurring; or to a toll-free service that has been put in place by the local Office of the Aging and Disability Services Division.
Those who are required to make mandatory reports include many different people within the medical field, including emergency room technicians, dentists, doctors, chiropractors, podiatrists, physical therapists, nurses, family therapists, clinical counselors, athletic trainers, drug abuse counselors, ambulance drivers, and all other person who provide medical care services who are licensed in the state of Nevada.
When an individual, in his professional capacity, becomes aware of mistreatment of seniors or other vulnerable individuals, that individual has a legal obligation to make a report as soon as it is “reasonably practicable.”
This report must be made no later than 24 hours after becoming aware abuse or neglect or having reason to believe that something is wrong. N.R.S. 200.5094 explains the nature of such reports and the rules for what should be included in the report.
Other statutes within this section of Nevada’s code specify that law enforcement must act promptly in an investigation after receiving certain warrants; and provide immunity from liability to those who report or investigate or submit information on suspected child abuse.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
A Las Vegas criminal defense attorney at LV Criminal Defense will assist you in fighting accusations that you engaged in the abuse, exploitation or neglect of an older or vulnerable person. Our compassionate and knowledgeable legal team will also provide you with representation if you have been accused of criminal neglect in connection with the care provided to an older or vulnerable individual.
The prosecutor has the burden of proving that you violated the law, and conviction can be avoided simply by introducing doubt into any element of your case. We can work closely with you to examine evidence and determine the best approach to take to trying to get an acquittal. We can also help you to negotiate the most favorable plea agreement possible in circumstances where going to court is less likely to result in an outcome in your favor.
To find out more about how LV Criminal Defense can fight for you when you have been accused of a serious crime, give us a call today.