Sadly, elder abuse and neglect is more common in Maryland — and in the U.S. — than it should be. Those who commit elder abuse can be sued under the civil laws of Maryland, and care facilities/institutions can be held accountable for monetary damages. Elder abuse and neglect is also a crime in Maryland. In Maryland, this is called abuse or neglect of a vulnerable adult. See MD. Crim. Code, §§ 3-604 and 605. The criminal code defines a “vulnerable adult” as “… an adult who lacks the physical or mental capacity to provide for the adult’s daily needs.” Thus, the crime is much broader than “elder” abuse/neglect and covers other vulnerable adults like those with mental and physical disabilities.

There are two degrees of the crime. Anyone convicted of abuse or neglect of a vulnerable adult in the first degree has committed a felony crime and is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both. Anyone convicted of abuse or neglect of a vulnerable adult in the second degree has committed a misdemeanor crime and is subject to imprisonment not exceeding five years or a fine not exceeding $5,000 or both. Second-degree abuse/neglect is similar to first-degree abuse/neglect but does not involve physical injury, death, or sexual abuse.

More on first-degree abuse/neglect of a vulnerable adult

First-degree abuse/neglect of a vulnerable adult involves the following criminal elements — all of which must be proven beyond a reasonable doubt by the prosecuting attorneys:

• A person who is a caregiver, family member, household member or a person who has permanent or temporary care or responsibility to supervise the vulnerable adult
• With intent
• Commits abuse against the victim OR
• Commits neglect of the victim
• When the act or treatment creates circumstances under which the victim’s physical or mental health or welfare is harmed (including death) or where any of these are threatened/endangered

“Abuse” in this crime means causing physical pain, injury, or death or causing emotional trauma or distress and can be caused by cruel or inhumane treatment or by malicious acts. “Abuse” also means any sort of sexual abuse, whether pain, injury, death, or other trauma is caused. “Neglect” means the failure to provide necessary assistance and resources for the physical needs of a vulnerable adult, including failure to provide things like food, clothing, assistance with personal needs (toileting), medication, shelter, and supervision.

Those charged with first or second-degree abuse/neglect of a vulnerable adult will likely face other charges depending on the facts of the case. Any person engaging in sexual abuse will likely other sex-related crimes like rape, sexual assault/battery, and more. Any act that causes death might face charges for murder, second-degree murder, manslaughter, and various crimes related to assault and battery. If any sort of weapon is involved — even objects that might not be typically deemed to be “weapons” — then, likely, various weapons charges can be brought. If any bodily restraint is involved, then crimes related to kidnapping, false imprisonment, and similar can be charged. Sections 3-604 and 3-605 specifically provide for separate punishments for other crimes. Both state: “A sentence imposed under this section shall be in addition to any other sentence imposed for a conviction arising from the same facts and circumstances unless the evidence required to prove each crime is substantially identical.”

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.