Elder Abuse Charges in Texas Carry Enhanced Penalties — Know What You're Facing

When an offense involves a victim aged 65 or older, Texas law elevates the charge by one degree. A misdemeanor becomes a felony. A state jail felony becomes a third-degree felony. The stakes rise fast, and most law firms treat this as a footnote. We don't. Elder abuse defense is a dedicated practice area at Wincorn & Associates, and we handle these cases with the seriousness and discretion they require.

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What Texas Law Defines as Elder Abuse

Under Texas law, "injury to a child, elderly individual, or disabled individual" (Texas Penal Code § 22.04) covers a wide range of conduct directed at a person 65 or older. The charge can arise from intentional harm, reckless behavior, or even criminal negligence — meaning a person can face serious criminal exposure without ever intending to hurt anyone. Conduct that qualifies includes:

 

  • Physical injury caused intentionally, knowingly, or recklessly
  • Omissions — failing to provide food, shelter, care, or medical attention when there is a legal duty to do so
  • Exploitation of an elderly person's finances or property
  • Emotional abuse or threats that cause psychological harm
  • Neglect in a nursing home, assisted living facility, or private care setting

 

Because the law encompasses both acts and failures to act, charges can reach caregivers, family members, facility staff, and others who had responsibility for the elder's wellbeing.

How Texas Penalty Enhancements Work

Texas Penal Code § 22.04 elevates the degree of the offense when the victim is 65 or older. What would ordinarily be a Class A misdemeanor — punishable by up to one year in county jail — becomes a state jail felony. A state jail felony becomes a third-degree felony. The elevation continues up the scale, meaning conduct that causes serious bodily injury to an elderly person can be charged as a first-degree felony, carrying a potential sentence of 5 to 99 years. These are not minor charges, and they should not be treated as such.

Nursing Home and Institutional Abuse Cases

Cases arising from nursing homes, memory care units, and assisted living facilities carry their own layer of complexity. Facility staff may face charges alongside — or instead of — the institution itself. Evidence is often controlled by the facility: incident reports, care logs, medication records, and surveillance footage. Acting quickly to preserve that evidence is critical. We know how these institutional cases are investigated and what prosecutors look for when building them.

Family Caregiver Situations

Some of the most difficult elder abuse cases involve family members who were overwhelmed, under-resourced, or unaware that their conduct crossed a legal line. Texas law does not require intent to cause harm — recklessness and criminal negligence are enough. If you are a family member facing charges related to the care of an elderly parent or relative, you deserve counsel who understands both the legal exposure and the human circumstances behind it.

Financial Exploitation Charges

Financial exploitation of an elderly person is a distinct criminal offense in Texas, and it is prosecuted aggressively. Taking, misusing, or concealing an elder's money or property — even by someone with power of attorney — can result in felony charges. The value of the property taken determines the degree of the offense, and amounts over $300,000 carry first-degree felony exposure.

What "Neglect" Means Under Texas Law

Neglect charges are among the most misunderstood in elder abuse cases. Texas law defines neglect as a failure to provide necessary food, clothing, shelter, care, supervision, or medical treatment by someone with a legal duty of care. That duty can arise from a family relationship, a professional role, or a contractual arrangement with a care facility. Prosecutors do not need to prove you meant to harm the elder — only that you failed to meet your legal obligation and that failure caused harm or a substantial risk of harm.

Why Most Firms Don't Have a Dedicated Elder Abuse Practice

Elder abuse cases sit at an unusual intersection of criminal law, family dynamics, and — in institutional cases — civil liability. Most criminal defense firms handle these charges as one-off matters, applying a general defense framework to a highly specific set of facts. At Wincorn & Associates, elder abuse is a named practice area because we recognized that these cases require a different kind of preparation: familiarity with the caregiving context, the evidentiary landscape in nursing home investigations, and the penalty structure that makes early intervention so consequential. When you call us, you are not explaining the basics to someone encountering this charge for the first time.

Our Approach to Elder Abuse Defense

Every elder abuse case begins with a thorough review of the facts, the relationship between the accused and the elder, and the evidence the prosecution is likely to rely on. From there, our defense strategy may include:

 

  • Challenging whether a legal duty of care existed and whether it was breached
  • Contesting the medical or forensic evidence linking alleged harm to the accused
  • Examining whether the elder's condition was caused by pre-existing illness or another party's conduct
  • Investigating institutional failures in nursing home and facility cases
  • Negotiating with prosecutors where the facts support a reduction in charges or an alternative resolution
  • Preparing a vigorous trial defense when the evidence warrants it

 

We handle each case with full confidentiality. Our bilingual staff can communicate with you and your family in Arabic, Vietnamese, Mandarin, or Spanish — because you should be able to understand every step of your own defense.

What Our Clients Say

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The following reflects how Texas Penal Code § 22.04 structures elder abuse penalties when the victim is 65 or older. Actual exposure depends on the specific conduct alleged and the degree of harm involved.

 

  • Negligent conduct causing bodily injury: State jail felony (180 days – 2 years in state jail; up to $10,000 fine)
  • Reckless conduct causing bodily injury: Third-degree felony (2–10 years; up to $10,000 fine)
  • Intentional or knowing conduct causing bodily injury: Second-degree felony (2–20 years; up to $10,000 fine)
  • Conduct causing serious bodily injury or death: First-degree felony (5–99 years or life; up to $10,000 fine)
  • Financial exploitation over $300,000: First-degree felony

 

These ranges underscore why the defense strategy matters from the very first interaction with law enforcement. What is said — or not said — in the earliest hours can affect the outcome at every stage that follows.

Texas Elder Abuse Penalties at a Glance

The following reflects how Texas Penal Code § 22.04 structures elder abuse penalties when the victim is 65 or older. Actual exposure depends on the specific conduct alleged and the degree of harm involved.

 

  • Negligent conduct causing bodily injury: State jail felony (180 days – 2 years in state jail; up to $10,000 fine)
  • Reckless conduct causing bodily injury: Third-degree felony (2–10 years; up to $10,000 fine)
  • Intentional or knowing conduct causing bodily injury: Second-degree felony (2–20 years; up to $10,000 fine)
  • Conduct causing serious bodily injury or death: First-degree felony (5–99 years or life; up to $10,000 fine)
  • Financial exploitation over $300,000: First-degree felony

 

These ranges underscore why the defense strategy matters from the very first interaction with law enforcement. What is said — or not said — in the earliest hours can affect the outcome at every stage that follows.

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Serving Families and Caregivers Across DFW

  • What counts as elder abuse under Texas law?
    Texas law defines elder abuse broadly to include physical injury, emotional harm, neglect, and financial exploitation directed at a person 65 or older. The offense can be charged even when no physical harm was intended — reckless conduct and failure to provide necessary care can both result in criminal charges if the elder was harmed or placed at serious risk.
  • Can I be charged with elder abuse for neglecting a family member I was caring for at home?
    Yes. Texas law imposes a legal duty of care on family members and others who have assumed responsibility for an elderly person's wellbeing. If that duty is breached — through failure to provide food, shelter, medical care, or supervision — and harm results, a criminal charge is possible even without any intent to hurt the person.
  • How serious are elder abuse charges in Texas?
    Very serious. Texas automatically elevates the degree of the offense when the victim is 65 or older, which means charges that would otherwise be misdemeanors can become felonies. Serious bodily injury to an elderly person can be charged as a first-degree felony, carrying a potential sentence of up to 99 years.
  • What should I do if I've been accused of elder abuse or am under investigation?
    Do not speak to law enforcement, investigators, or facility administrators without an attorney present. Anything you say can be used to build the case against you. Contact a DFW elder abuse lawyer immediately so that evidence can be preserved, your rights can be protected, and a defense strategy can be developed from the start.
  • Does Wincorn & Associates handle cases involving nursing home staff or facility employees?
    Yes. We represent individuals employed by or associated with nursing homes, assisted living facilities, and other care institutions who are facing elder abuse or neglect charges. These cases often involve institutional evidence that must be secured quickly, and we know how to navigate that process.

Speak With a DFW Elder Abuse Defense Lawyer Today

Elder abuse charges move quickly, and the decisions made early in a case carry real consequences. If you or someone in your family is facing an investigation or charge involving an elderly person, contact Wincorn & Associates for a confidential consultation. We will explain the charges in plain language, outline your options, and stand with you through every step of the process.