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WHAT IS ELDER ABUSE IN NEVADA?
Elder abuse in Nevada is the willful and unjustified infliction of pain, injury, or mental anguish upon an older person (age 60 or older), or the exploitation of an older person's financial resources without their consent.
WHAT THE PROSECUTION MUST PROVE
To convict you of Elder Abuse in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The victim was 60 years of age or older
The defendant willfully caused physical pain, injury, or mental anguish to the victim
OR the defendant exploited the victim's financial resources without consent
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR ELDER ABUSE IN NEVADA
Elder Abuse (Physical)
Category B felony. 1 to 6 years in prison and/or up to $10,000 fine.
Elder Financial Exploitation
Category B felony. 1 to 6 years in prison and/or up to $10,000 fine, plus restitution.
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending elder abuse charges
Elder abuse cases often involve caregivers, family members, or financial advisors. The prosecution will scrutinize financial records, medical records, and communications carefully.
Cognitive decline in the alleged victim can complicate these cases — both by making the victim more vulnerable and by affecting the reliability of their testimony.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO ELDER ABUSE
Every case is unique, but these are the defenses most commonly raised in elder abuse cases in Nevada:
No willful intent — the harm was accidental
The financial transactions were authorized
The victim had capacity to consent
False accusation by other family members