Understanding the Charges of Neglect and Abuse of Care-Dependent Persons in Pennsylvania: Differences and Legal Implications

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Introduction

In Pennsylvania, there are specific criminal charges to address situations where care-dependent persons are neglected or abused by their caregivers. These charges are critical to protect vulnerable individuals who rely on others for their essential needs. If you or someone you know has been charged with Neglect of Care-Dependent Person or Abuse of Care-Dependent Person, it is crucial to understand the distinctions between these charges and seek experienced legal representation from The McShane Firm.

Neglect of Care-Dependent Person: The Charge

Outlined in 18 Pa.C.S. § 2713, Neglect of Care-Dependent Person is a criminal charge that occurs when a caretaker intentionally, knowingly, or recklessly fails to provide essential care, supervision, or support to a care-dependent person, which results in the individual’s physical, mental, or emotional harm. Essential care includes food, clothing, shelter, healthcare, and personal care items necessary for the person’s well-being and safety.

Abuse of Care-Dependent Person: The Charge

Abuse of Care-Dependent Person is a separate offense, defined under 18 Pa.C.S. § 2713.1. This charge occurs when a caretaker intentionally, knowingly, or recklessly causes bodily injury, serious bodily injury, or sexual abuse to a care-dependent person.

Key Differences Between the Charges

  1. Nature of the Offense: The primary distinction between the two charges is the nature of the offense. Neglect of Care-Dependent Person deals with the failure to provide essential care, supervision, or support, whereas Abuse of Care-Dependent Person involves causing bodily injury or sexual abuse to the individual.
  2. Level of Harm: While Neglect of Care-Dependent Person focuses on the harm resulting from the failure to provide necessary care, Abuse of Care-Dependent Person involves more severe harm, including bodily injury, serious bodily injury, or sexual abuse.

Why Choose The McShane Firm?

If you have been charged with Neglect or Abuse of Care-Dependent Person in Pennsylvania, it is vital to have an experienced and skilled legal team on your side. The McShane Firm is dedicated to providing comprehensive and aggressive representation for clients facing such charges. Here’s why you should choose us:

  1. Expertise: Our attorneys have extensive experience handling various criminal cases, including charges related to care-dependent persons. We stay up-to-date with the latest developments in criminal law to ensure the best possible defense for our clients.
  2. Personalized attention: We understand that each case is unique and take the time to listen to your story, understand your situation, and develop a tailored defense strategy that fits your needs. We also understand that in most of these cases, the caregiver is rarely someone who has a black and evil heart. They just got in over their head or simply lost their cool due to overwhelming frustration. Lots of times these are friends or family members who have the dual stress of the care dependent person and their own stress in dealing emotionally with it all.
  3. Proven results: Our successful track record in defending clients against a wide range of criminal charges speaks for itself. We have helped numerous clients obtain favorable outcomes, whether through dismissal, acquittal, or reduced charges.

Conclusion

Facing charges of Neglect or Abuse of Care-Dependent Person in Pennsylvania can be an overwhelming and stressful experience. The McShane Firm is here to help you understand your rights, navigate the legal process, and fight for the best possible outcome in your case. Contact us today to schedule a consultation and learn how our skilled legal team can assist you.

Our Clients are entitled to a Bill of Rights which states:

  • Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
  • Our clients have the right to expect plain speaking, straight shooting. No B. S.
  • Our clients have the right to expect us to do it right the first time, every time.
  • Our clients have the right to expect us to be on time and professionally prepared for all court appearances, and all meetings.
  • Our clients have the right to expect that they will be fully informed at all times.

This is our promise to you. Call today to get us on your side: (717) 657-3900.

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.