In New York there are special laws designed to protect those who are vulnerable. People who are vulnerable encompass children as well as the elderly, those who are mentally incompetent and those who are physically disabled. Under New York Penal Law § 260.32 you could be prosecuted for endangering the welfare of a vulnerable elderly person in the second degree if you are a caregiver, and
Jeremy's 75-year old mom, Rose, recently suffered a stroke that left her partially paralyzed and nonambulatory. Rose also was showing the signs of dementia and had a heart condition. Jeremy took on the role of caring for Rose. Jeremy's sister, Lola, lived out of town and was only able to visit every couple of months. However, over time Lola noticed that Rose was deteriorating physically. Rose was losing weight and seemed to be "out of it" frequently. Lola finally took Lola to the hospital. The doctors concluded that Rose had not been receiving her medications properly and that she was not receiving proper nutrition. Jeremy could be charged with endangering the welfare of a vulnerable elderly person in the second degree since he was not making sure she received her medication properly, or enough food.
Related OffensesUnder this statute, you can be convicted only if the prosecutor proves that your actions were intentional or reckless. Under New York Penal Law § 15.05(3) you would have acted recklessly if you understand that by acting in a certain manner a particular harm would result, and you decided to behave in that manner anyway. If the elderly person was physically injured but that was not your intention and you did not act recklessly, then you did not violate the statute.
SentenceEndangering the welfare of an incompetent or physically disabled person in the second degree is a class E felony. If you are convicted your sentence may include up to 4 years in prison, a probation term of 5 years, and a substantial fine.
New York Penal Law § 260.32: Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person second degreeA person is guilty of endangering the welfare of a vulnerable elderly person in the second degree when, being a caregiver for a vulnerable elderly person:
If you are arrested and charged with endangering the welfare of an incompetent or physically disabled person in the second degree it is important that you have experienced representation. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with felonies and misdemeanors. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of crimes in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.