A sheriff in Bacon County has been arrested by the Georgia Bureau of Investigation.
According to reports, the sheriff was arrested on the following charges:
The GBI accused the sheriff of beating a 75-year-old man in front of the sheriff's office. The District Attorney requested an investigation immediately.
As a Georgia Criminal Defense Lawyer, I will outline the law behind elder neglect in Georgia as it is not typically a crime seen in the news or mentioned frequently - yet, it is a serious offense in the state of Georgia.
I will cover the law behind the offense as well as the penalties if convicted.
Neglect to an Elder Person in Georgia
Neglect to an Elder Person in Georgia is defined by the Georgia Code in O.C.G.A. §16-5-101 as:
A guardian or other person supervising the welfare of or having immediate charge, control, or custody of a disabled adult, elder person, or resident commits the offense of neglect to a disabled adult, elder person, or resident when the person willfully deprives them of health care, shelter, or necessary sustenance to the extent that the health or well-being of such person is jeopardized.
However, according to the law, there are individuals who cannot be accused of elder neglect. Elder neglect will not extend to the following people:
- A physician working in a hospital, hospice, or long-term care facility
- A person providing care in good faith according to their employment, such as a nurse
- A guardian acting in good faith in providing spiritual treatment alone instead of medical treatment as long as the patient has given written and notarized consent.
A conviction for this crime in Georgia carries the consequences of a felony conviction with the penalty being up to 20 years in prison and a fine of no more than $50,000.00 or both prison and a fine.
Most people are unaware that some types of individuals are more protected than others. These categories of individuals include disabled adults and elderly people.
These individuals are frequently abused due to their lack of ability to take care of themselves on their own. Most of the time this kind of abuse happens in residences or facilities.
If you or a loved one has been arrested or accused of committing a criminal offense in Georgia, contact a Georgia Criminal Defense Attorney today.
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