Criminal defense
Elder and Disabled-Adult Abuse and Neglect Charges in Miami
Caring for an aging parent or a disabled adult is hard, and so is nursing-home work. When an elderly person falls, loses weight, or develops a bedsore, relatives, aides, and staff can be accused of a felony.
Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.
Who Is Protected
- An elderly person is someone 60 or older whose ability to care for or protect himself or herself is impaired by the infirmities of aging, such as advanced age, organic brain damage, or other physical, mental, or emotional dysfunction. Age alone is not enough.
- A disabled adult is someone 18 or older with a physical or mental incapacitation from a developmental disability, organic brain damage, or mental illness, or with limitations that restrict the ability to perform normal daily activities.
A caregiver is anyone entrusted with, or who has assumed responsibility for, the person's care or property, including relatives, guardians, neighbors, health care providers, and facility employees and volunteers.
Abuse (§ 825.102(1))
Under instruction 33.1, the State must prove that you knowingly or willfully abused the person by intentionally inflicting physical or psychological injury, by an intentional act that could reasonably be expected to cause such injury, or by actively encouraging someone else to do so, and that the person was an elderly person or disabled adult. Third-degree felony (up to 5 years and a $5,000 fine).
Current law adds a fourth form. Since July 1, 2021 (chapter 2021-221, Laws of Florida), the statute also covers intentionally, and without lawful authority, isolating the person or restricting access to family in a way that could reasonably be expected to cause physical or psychological injury, or with intent to promote or conceal criminal activity involving the person or the person's property. It is a defense that you had reasonable cause to believe it was necessary to protect the person from danger. Instruction 33.1, last amended in 2016, predates this addition and does not list it.
Aggravated Abuse (§ 825.102(2))
Under instruction 33.2, the State must prove that you committed an aggravated battery on the person; willfully tortured, maliciously punished, or willfully and unlawfully caged the person; or knowingly or willfully abused the person and caused great bodily harm, permanent disability, or permanent disfigurement. First-degree felony (up to 30 years and $10,000).
Neglect (§ 825.102(3))
Under instruction 33.3, the State must prove that you were the person's caregiver, that the person was an elderly person or disabled adult, and that you either willfully or by culpable negligence failed to provide the care, supervision, and services needed for the person's physical or mental health, or failed to make a reasonable effort to protect the person from abuse, neglect, or exploitation by someone else. Neglect can rest on repeated conduct or a single incident that results in, or could reasonably be expected to result in, serious physical or psychological injury or a substantial risk of death.
- Neglect causing great bodily harm, permanent disability, or permanent disfigurement: second-degree felony (up to 15 years and $10,000).
- Neglect without that harm: third-degree felony.
Related Charges and Reporting
Battery or assault on a person 65 or older is a separate set of charges. See Assault & Battery. Florida also requires any person who knows or has reasonable cause to suspect abuse, neglect, or exploitation of a vulnerable adult to report it immediately to the central abuse hotline.
How We Defend These Cases
- Is the person legally "elderly" or "disabled"? Age 60 alone does not qualify.
- Medical causation. Falls, bedsores, and weight loss can have medical causes despite good care.
- Culpable negligence versus an honest mistake or a staffing problem beyond the accused's control.
- For isolation charges: the statutory protection-from-danger defense.
What to Do First
- Do not give statements to police, investigators, or facility management without a lawyer.
- Keep care logs, medication records, texts, and schedules.
- Follow any no-contact condition exactly.
- Call us. See Turning Yourself In.
Why Choose Dennis Gonzalez Law, P.A.
- Former Miami-Dade prosecutor.
- Defending people since 2012.
- Super Lawyers recognition and an Avvo Rating of 10.0.
- Bilingual office — se habla español.
- We answer 24 hours a day. Call (305) 209-0384.
See our Results page, Elder Financial Exploitation, and Violent Crimes Defense.
Frequently Asked Questions
Is everyone over 60 an "elderly person" under this law?
No. The person must also have an impaired ability to provide for his or her own care or protection because of the infirmities of aging.