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Elder Abuse Laws in Georgia

How Georgia law treats elder abuse, from the state code and official state agencies.

Short answer: Knowingly and willfully exploiting, abusing (inflicting physical pain, injury, sexual abuse, mental anguish or unreasonable confinement) or neglecting (depriving of essential services) an elder person (65 or older), a disabled adult (18 or older and mentally or physically incapacitated… O.C.G.A. §§ 16-5-100(3)-(4), 16-5-102, 16-5-21(d), 16-5-23(c)

Elder abuseKnowingly and willfully exploiting, abusing (inflicting physical pain, injury, sexual abuse, mental anguish or unreasonable confinement) or neglecting (depriving of essential services) an elder person (65 or older), a disabled adult (18 or older and mentally or physically incapacitated, or with Alzheimer's or dementia), or a long-term care resident is a felony punishable by 1 to 20 years, a fine up to $50,000, or both. Intimidating such a person who is the subject of a report, or obstructing an investigation, is a misdemeanor of a high and aggravated nature. Aggravated assault on a person 65 or older carries 3 to 20 years, and simple battery on a person 65 or older is a misdemeanor of a high and aggravated nature.
Definitions: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-5-100/ . Check against the official code.

More Georgia criminal law

FAQ

Is elder abuse a felony in Georgia?
Knowingly and willfully exploiting, abusing (inflicting physical pain, injury, sexual abuse, mental anguish or unreasonable confinement) or neglecting (depriving of essential services) an elder person (65 or older), a disabled adult (18 or older and mentally or physically incapacitated, or with Alzheimer's or dementia), or a long-term care resident is a felony punishable by 1 to 20 years, a fine up to $50,000, or both. Intimidating such a person who is the subject of a report, or obstructing an investigation, is a misdemeanor of a high and aggravated nature. Aggravated assault on a person 65 or older carries 3 to 20 years, and simple battery on a person 65 or older is a misdemeanor of a high and aggravated nature.
Can I get a court-appointed lawyer for elder abuse in Georgia?
Georgia's rule on court-appointed lawyers: Applicants must complete and sign an application and verification and are interviewed at the detention center or the public defender's office. Income standards under O.C.G.A. § 17-12-2, as stated by the public defender office: for misdemeanors, probation violations and county or municipal offenses, a person who 'earns less than 100 percent of the federal poverty guidelines'; for juveniles, those 'whose parents earn less than 125 percent of the federal poverty guidelines'; for felonies, 'less than 150 percent of the federal poverty guidelines' — each with an exception for people with other resources that could reasonably pay for a lawyer, and no one with income above 150 percent of the federal poverty level is considered indigent. Application fee: Georgia law requires every person who applies for public defense services 'to pay the Public Defender Office a single fee of $50'; 'The court shall waive this fee if it finds that you are unable to pay the fee or that hardship will result if the fee is charged.' Attorney fees for court-appointed representation may also be imposed by the court at sentencing. O.C.G.A. §§ 15-21A-6(b), 17-12-2 (as quoted by the Chatham County Public Defender Office, Eastern Judicial Circuit)
How much does a lawyer for elder abuse cost in Georgia?
Lawyers set their own fees, and Georgia has rules on how they may charge. See hiring a criminal defense lawyer in Georgia for fee rules, how to check a lawyer's license and free help.
Can a conviction for elder abuse be removed from my record in Georgia?
Each state sets its own rules for sealing or expunging records. See Georgia expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.