A Maryland Abuse Charge Puts Your Job, Career and Livelihood in Jeopardy.

Abuse of the Elderly

Maryland law protects against the neglect, abuse, or exploitation of vulnerable adults who cannot protect themselves and are at risk of immediate harm. A vulnerable adult is defined as someone who lacks the physical or mental capacity to care for oneself and tend to one’s daily needs.

It is a crime for anyone who is responsible for the care and supervision of a vulnerable adult to neglect or abuse that person. Abuse or neglect that results in serious harm or death is a felony punishable by up to 10 years in prison and a fine of up to $10,000. Less serious abuse or neglect cases are prosecuted as misdemeanor second-degree abuse charges, punishable by up to 5 years in prison and a fine of up to $5,000.

Any criminal charge is serious and must be vigorously defended. Abuse of the vulnerable carries a certain stigma. The dishonor and lasting consequences of conviction of an abuse crime in many instances are simply too great to overcome. If you stand accused of abuse, please contact me today to arrange for a free discussion of your case and your defense. 

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Exploitation of vulnerable adults and individuals aged 68 or older

Maryland Criminal Law Article §8–801:

Definitions:
Undue Influence: Domination and influence amounting to force and coercion exercised by another person to such an extent that a vulnerable adult or an individual at least 68 years old is prevented from exercising free judgment and choice. This does not include the normal influence that one family member has over another.
Vulnerable Adult: [As defined in §3–604 of the Criminal Law Article] a vulnerable adult is an individual who lacks the physical or mental capacity to provide for their daily needs.

Prohibited Actions:
Against Vulnerable Adults: It is unlawful to knowingly and willfully obtain, by deception, intimidation, or undue influence, the property of a vulnerable adult with the intent to deprive them of their property.
Against Individuals Aged 68 or Older: Similarly, it is prohibited to engage in such conduct against individuals known or reasonably believed to be at least 68 years old, with the intent to deprive them of their property.

Legal analysis : A Maryland court has held that where the evidence shows victim “agreed to provide transportation and housing for [defendant] because he felt obligated to do so out of a sense of loyalty in view of the benefit received from [defendant] for prior services rendered”, the state failed to prove “”domination and influence amounting to force and coercion.” The decision “to part with his property in the way he did may seem unreasonable, but his testimony shows that he did so because of his own judgment rather than “force and coercion” to the extent that a vulnerable adult could not exercise his or her free will.”

Sentence range:
Property Value Less Than $1,500: Classified as a misdemeanor, punishable by up to 1 year of imprisonment, a fine up to $500, or both.
Property Value of $100,000 or More: A felony punishable by up to 20 years of imprisonment, a fine up to $25,000, or both, with required restitution.

Sentences under this section may be separate from and consecutive to or concurrent with sentences for other crimes based on the same acts.

Disqualification from Inheritance: If the offender fails to fully restore the property or its value, they are disqualified from benefiting from the victim’s estate, insurance proceeds, or property.

Good Faith Assistance: The statute does not impose criminal liability on individuals who, at the request of the victim, the victim’s family, or a court-appointed guardian, have made a good faith effort to assist the victim in managing or transferring their property.

Unfair Trade Practice: Violations of this section may be considered unfair, abusive, or deceptive trade practices under Title 13 of the Commercial Law Article and are subject to its enforcement and penalty provisions.