Facing Assault on an Elderly Individual Charges in San Antonio? Your Defense is Critical
The Severe Reality of Enhanced Charges for Injury to the Elderly in Texas
In Texas, an accusation involving harm to an elderly individual is not treated as a simple assault. It is prosecuted under the severe and complex statute of Injury to a Child, Elderly Individual, or Disabled Individual (Texas Penal Code § 22.04), a law designed to provide maximum protection to vulnerable populations. At Barton & Associates, Attorneys at Law, we understand that these charges carry a unique and devastating stigma, often triggering an immediate and aggressive response from law enforcement, Adult Protective Services, and prosecutors. Whether stemming from a family caregiving situation, a misunderstanding in a residential facility, or a regrettable incident, an arrest can instantly unravel your life. The allegations alone can lead to protective orders, loss of employment in caregiving fields, and irreparable damage to your reputation within your family and community. These cases are legally intricate, often involving nuanced definitions of intent, duty of care, and the serious nature of the alleged injury. From the moment you are investigated, you need a defense strategy that is both aggressive in court and compassionate to the highly sensitive nature of the accusations.
The stakes in these cases are extraordinarily high. Convictions under PC § 22.04 are always felonies, ranging from a state jail felony to a first-degree felony punishable by 5 to 99 years or life in prison. The law is uniquely harsh because it criminalizes not just affirmative acts of violence, but also omissions and failures to act if you had a legal duty to protect the elderly person. This means you can be charged for something you didn’t do, a concept foreign to standard assault law. A conviction will result in a permanent felony record, destroying future career prospects (especially in healthcare or education), causing the loss of professional licenses, and severely impacting child custody or immigration status. In this high-stakes legal battle, your defense must be immediate and built by attorneys with specific expertise in dissecting the complex elements of this statute.
Understanding the Law: Texas Penal Code § 22.04 – Injury to an Elderly Individual
This statute creates a distinct and more serious offense than standard assault. It applies to individuals who are 65 years of age or older. The law is broad and severe in several key ways:
1. Criminalizes Actions and Omissions (Failures to Act):
Unlike simple assault, you can be charged for an “omission” – a failure to act – if that failure causes injury and you owed the elderly person a legal duty of care. This duty can arise from:
- A formal relationship (e.g., being a court-appointed guardian, a paid caregiver, a healthcare provider).
- An informal relationship where you have assumed care, custody, or control of the individual (e.g., an adult child caring for a parent at home).
2. Expansive Definition of “Injury”: The statute covers:
- Serious Bodily Injury: Injury that creates a substantial risk of death, causes serious permanent disfigurement, or protracted loss/impairment of any bodily member/organ.
- Serious Mental Deficiency or Impairment.
- Bodily Injury: Physical pain, illness, or any impairment of physical condition.
3. Varied Levels of Culpable Mental States: The felony degree escalates based on what the prosecution can prove about your state of mind:
- Intentionally or Knowingly
- Recklessly
- With Criminal Negligence
The Severe Penalties for Injury to an Elderly Individual
All violations of PC § 22.04 are felonies. The specific charge and punishment depend on a matrix of factors: the defendant’s mental state, the severity of the injury, and whether the defendant was a professional caregiver. The potential penalties are outlined below:
- Intentionally/Knowingly causing Serious Bodily Injury: First-Degree. 5 to 99 years or Life. Up to $10,000
- Recklessly causing Serious Bodily Injury OR Caregiver intentionally/knowingly injuring disabled individual in facility: Second-Degree. 2 to 20 years. Up to $10,000
- Intentionally/Knowingly causing Bodily Injury: Third-Degree. 2 to 10 years. Up to $10,000
- Recklessly causing Bodily Injury OR Criminal Negligence causing Serious Bodily Injury: State Jail Felony. 180 days to 2 years in State Jail. Up to $10,000
Collateral Consequences Beyond Prison
A conviction under this statute delivers a lifetime of secondary punishment:
- Professional Annihilation: You will be permanently barred from any licensed profession involving care or trust (nursing, medicine, therapy, teaching, childcare, home health aid). Existing licenses will be revoked.
- Loss of Fundamental Rights: A felony conviction results in the loss of voting rights while incarcerated/on parole and a permanent ban on firearm possession.
- Family Court Catastrophe: In any child custody or visitation proceeding, this conviction will be used as overwhelming evidence of unfitness, likely resulting in loss of custody or only supervised visitation.
- Public Stigma and Housing Barriers: The nature of the conviction carries a profound social stigma, making it difficult to maintain relationships or find housing.
- Immigration Removal: For non-citizens, this is a deportable offense with very few avenues for relief.
Our Strategic Defense Approach to Elderly Injury Charges
At Barton & Associates, we deploy a defense strategy specifically engineered for the complexities of PC § 22.04. Led by former felony prosecutors, we attack the state’s case at its foundation by challenging each unique element.
1. Challenging the Existence of a Legal Duty of Care (For Omission Cases)
If the charge is based on an omission, we contest whether a legal duty existed. We investigate and present evidence that:
- You were not the primary caregiver and had not assumed care, custody, or control.
- Another individual or entity (like a nursing home) held the formal duty.
- Your actions did not rise to the level of creating a legal obligation under Texas law.
2. Attacking the Element of Intent or Culpable Mental State
The felony degree hinges on proving how you acted. We defend by showing:
- Lack of Intent: The injury was a tragic accident, not an intentional, knowing, or reckless act. We use evidence of your caring relationship and history to demonstrate the absence of malicious intent.
- Absence of Criminal Negligence: Your conduct, even if mistaken, did not deviate from the standard of care that an ordinary person would exercise to the degree required for criminal liability.
3. Disputing the Severity and Causation of the Alleged Injury
We rigorously examine the medical and factual basis of the “injury.”
- “Serious Bodily Injury” vs. “Bodily Injury”: We retain medical experts to testify that the injuries, while perhaps present, do not meet the extremely high legal threshold of “serious bodily injury” required for the most severe felonies.
- Alternative Causes: We present evidence that the injury was caused by the elderly individual’s pre-existing medical condition, a fall, self-neglect, or the actions of another party, not by any act or omission on your part.
4. Investigating for False or Exaggerated Allegations
Unfortunately, accusations can arise from complex family dynamics. We meticulously investigate motives such as:
- Estate and Financial Disputes: Sibling rivalry or family conflict over an elderly parent’s care or assets.
- Revenge or Leverage: In contentious family relationships.
- Covering for Institutional Negligence: A nursing home or facility may deflect blame onto a family member or employee.
- Misunderstanding by Mandatory Reporters: Healthcare workers are required by law to report suspicions, but those reports may be based on incomplete or incorrect information.
5. Filing Aggressive Pre-Trial Motions and Negotiating Resolutions
We use every legal tool to achieve the best outcome, including motions to suppress illegally obtained evidence or statements. Our trial readiness and detailed investigation provide leverage to negotiate for:
- Reduction to a Lesser Felony or Non-22.04 Offense.
- Deferred Adjudication that could lead to dismissal after a probationary period.
- Minimum possible sentences if conviction is likely.
The Barton & Associates Advantage: Former Prosecutors Who Know the System
Defending against a PC § 22.04 charge requires an attorney who understands both the severe penalties and the nuanced legal arguments. Our team of Former Texas Felony Prosecutors offers a decisive advantage:
- Insider’s Knowledge of Vulnerable Victim Protocols: We know how law enforcement and APS coordinate these investigations and the pressure on prosecutors to secure severe penalties. We anticipate their strategies.
- Experience with Medical and Caregiving Testimony: We are skilled at cross-examining doctors, caregivers, and APS workers to expose assumptions, biases, and gaps in the state’s theory.
- Compassionate, Clear Communication: We guide you through this emotionally wrenching process with clarity and support, ensuring you understand every step while we fight tirelessly for your future.
Take Immediate Action to Protect Your Rights
If you are under investigation or arrested for Injury to an Elderly Individual, you must act immediately and correctly.
- Do not give any statement to police, detectives, or Adult Protective Services investigators. Say, “I will not answer questions without my attorney. I wish to speak with Barton & Associates.”
- Do not discuss the case with anyone except your attorney, including family members.
- Preserve all evidence related to the elderly person’s care and your relationship.
Contact an experienced defense attorney immediately. Early intervention is critical.
Contact Barton & Associates today at 210-500-0000 for a confidential and urgent case evaluation. We will immediately begin building the powerful defense you need.
Main Category: Criminal Defense
Practice Area Category: Domestic Violence
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000
