When building a Lubbock vulnerable adults abuse defense, there are many defenses a person can raise. They are important to know about because the penalty ranges for an assaultive offense against a vulnerable person whether it is an adult or a child and with children, it is anywhere between 14 years of age or younger. With the stakes so high, it is best if you get in touch with a capable defense lawyer that can invest the time and resources necessary to build a solid defense for you.
Levels of Intention
One of the defenses has to do with what is called mens rea, which has to do with the mental state of the person that is committing the offense.There are levels of intention that people have when they do things, and under the law, where they are on that ladder of intention is important. If a person commits an assault on someone and they do it intentionally or even if not intentionally, but do it knowingly, then the person has one level of culpability. It is higher than if a person was just reckless or negligent or oblivious to the harm they were doing in some way.
Where they stand on that ladder of mens rea is a part of what a person looks at, and would probably be working hard to show it in terms of a defense. It can also be what is called an affirmative defense, so a person has two types of basic types of defenses by the way. This is a defense that a person can raise and it will help the person, but it may not get the charges dismissed. However, the affirmative defense could potentially lower the range of punishment they face which is an important consideration when building a Lubbock vulnerable adults abuse defense.
Affirmative Defenses for Abuse of Vulnerable Adults
As previously explained, affirmative defenses might not necessarily exonerate someone but, they can lower the range of punishment and potentially mitigate the severity of the charge. For instance, an affirmative defense with these vulnerable people would be that the person went through an appropriate process of notifying the person who knows and cares for that person notifying them that the person is getting out a business of being responsible for, and in this case, it is the alleged victim.
Reasonable Medical Care/ The Good Samaritan Defense
When building a Lubbock vulnerable adults abuse defense, another defense to consider is that the act or omission that is the subject of the lawsuit consisted of reasonable medical care under the direction of a physician or emergency medical care administered in good faith for the reasonable care and if the person is not licensed in the healing arts so that it is a defense that the person is acting reasonably in terms of medical care.
It is an affirmative defense that the person does not know which gets back to that ladder of mental state that is mens rea, the person did not know and could not reasonably have known that the individual was a disabled person at the time of the offense.
There is, in case law, something called a Good Samaritan which is basically saying a person may have harbored the requisite mental state or mens rea, but the person engaged in the conduct that they engaged in under emergency circumstances in good faith, with reasonable care. There is also a defense that has to do with providing medical care in accordance with the tenets and practices of a recognized religious method of healing with a generally accepted record of efficacy.
Benefit of Working With a Vulnerable Adults Abuse Attorney
Building a Lubbock vulnerable adults abuse defense is not an easy task to undertake alone. A vulnerable adults abuse conviction can have a significant impact on someone’s employment opportunities, especially if they work in home health care, and/or work with vulnerable populations. If you have been charged with abuse, consult a qualified lawyer that can work diligently to build your case.