DuPage County Nursing Home Neglect and Abuse Attorney

The elderly are a vulnerable class of citizens who should be protected and treated with respect, but, unfortunately, they are sometimes victims of nursing home abuse or neglect. When these crimes are committed against the elderly, the penalties can be severe, resulting in serious criminal and civil consequences that can include large fines and even time in prison.

Nursing-home personnel are required by law to immediately report incidents that involve a suspected crime, but according to a new government audit, more than one in four cases of possible sexual and physical abuse against nursing home patients were not reported, and Illinois had the most such incidents of any state. However, while these unfortunate incidents do occur, there are also times that charges of abuse or neglect are falsely made.

If you or your hospital or nursing home administration has been accused of elder abuse or neglect, you need skilled criminal defense representation. The seasoned and experienced Illinois elder abuse defense lawyers at Wolfe & Stec, Ltd. know the law, the courts and the judges, and are aware that many times accusations of elder abuse are false. We closely examine evidence and aggressively defend clients who are charged with elder abuse and neglect and provide high-quality, effective legal representation and personal attention to our clients.

We offer a free consultation to examine your individual situation and determine the best road for your defense. Do not delay — the sooner you reach out to us, the sooner we can start working on your case. To discuss your elder abuse case with one of our experienced Cook and DuPage County nursing home neglect lawyers, contact us online or call to schedule your free consultation.

What the Law Says

Nursing home residents in Illinois are protected under both federal and state laws that ensure their well-being, safety and health. Nursing homes that fail to uphold the rights of their residents can be liable both civilly and criminally.

Illinois protects the elderly through the Illinois Elder Abuse and Neglect Act, which applies to anyone over the age of 60. Illinois 720 ILCS 5/12-21 (from Ch. 38, par. 12-21) protects senior citizens from abuse, including:

Financial elder abuse – when a person in a position of trust and confidence takes an elderly person’s property using deception or intimidation or illegally uses their assets or resources for financial gain.
Physical elder abuse – involves any infliction of pain or injury, such as hitting, kicking, punching, and assault and battery.
Sexual abuse – any sexual contact with a person who is unable to consent or understand or is threatened or forced to comply, including inappropriate touching, sexual assault, and rape.
Emotional abuse – any threats of physical harm or other abuse, harassment, intimidation, or verbal assaults.
Confinement –isolating or restraining an elderly person for anything other than medical reasons.
Neglect – abuse arising from what is not done, such as failing to care for an elderly individual or purposely withholding medications or the basic necessities such as shelter, food, clothing, and medical care.
Willful neglect – when a caregiver purposely denies a senior citizen shelter, food, clothing, medical care, medication, or any other necessities which expose that person to emotional or physical harm.

Charges may be criminal or civil, depending on the situation. Civil nursing home neglect allegations can include:

Malnutrition
Dehydration
Wandering off/elopement
Bedsores
Improper restraints
Falls
Wrong medications
Wrongful death

Punishments

Criminal abuse or neglect of an elderly person or person with a disability is a Class 3 felony, and punishment is imprisonment for a term of two to five years. Criminal neglect is a Class 2 felony if the criminal neglect results in the death of the person. Sentencing can be a term of 3 to 14 years, but life imprisonment is a possibility. Under the Illinois Nursing Home Care Act (NHCA), patients or their family may also recover court costs, punitive damages and attorney fees.

Nursing home facilities are required by law to submit to a state investigation annually. If a complaint is filed, the nursing home will be inspected to determine whether they are compliant with the law and whether abuse or neglect has occurred.

Defending Against Charges

It is not uncommon to be falsely accused of elder abuse or faced with charges that do not meet the criteria for elder abuse. As elder abuse defense lawyers, we closely examine evidence and aggressively defend clients who are victim to the false accusation of elder abuse. We will take the time to listen to and understand your story and will treat you with dignity and respect.

There are several elder abuse defenses available that could result in a dismissal or reduction of charges that a skilled criminal defense attorney can raise on your behalf. In criminal cases, the plaintiff must prove that you or your facility is guilty beyond a reasonable doubt.

Put Your Trust In Us — Contact Wolfe & Stec, Ltd. For A Free Consultation

The criminal defense lawyers at Wolfe & Stec, Ltd. are skilled trial lawyers who believe each case is unique, with its own set of circumstances. We provide quality criminal defense services to clients charged with criminal elder abuse and mistreatment, nursing home neglect, nursing home abuse and other crimes involving abuse of senior citizens or vulnerable adults throughout Illinois.

We will aggressively explore every avenue for your defense. We examine the facts, the individuals involved, and the evidence available, and can greatly increase your chances of getting your charges reduced or dismissed.

We offer a free consultation, so don’t delay — call or contact us online for help today if you have been accused of any nursing home or elder abuse charges. Our Illinois criminal lawyers represent clients in DuPage County, Will County, Naperville, Aurora, Wheaton, Downers Grove, Bolingbrook, and the Greater Chicagoland area in Illinois. Your free initial consultation can be scheduled at our office.

Attorney Marc Wolfe

Marc Wolfe has been representing clients in criminal matters in Chicago and the entire State of Illinois for over 30 years. Mr. Wolfe has tried over 300 cases to verdict and represents clients facing investigation or prosecution for a broad range of state and federal criminal offenses, including murder, embezzlement, sexual abuse, drugs, marijuana and white collar crimes. [ Attorney Bio ]

Criminal Defense Articles

What Are Aggravating Factors in a Criminal Case?

12.04.2023 / Criminal Defense

If you’re charged with a crime, you’ll want to know what aggravating factors for your potential sentence are. A statute may spell out a range of possible punishments, but some facts or issues can increase your sentence. Depending on the crime and the factor, your sentence could be substantially longer. If you are accused of … Continue reading What Are Aggravating Factors in a Criminal Case?
Illinois Criminal Trespassing Laws and Punishments

27.04.2022 / Criminal Defense

The charge of criminal trespass is taken seriously in Illinois, with punishments that could include fines and even imprisonment. There are many types of criminal trespass which are usually charged as misdemeanors, but the class increases depending on where and how the trespass allegedly took place. Under certain circumstances, criminal trespass will be charged as … Continue reading Illinois Criminal Trespassing Laws and Punishments
Can a Convicted Felon Own a Gun in IL?

12.12.2021 / Criminal Defense

If you’ve served your time and feel a need to own a firearm, you may wonder, can a convicted felon own a gun legally in Illinois? With rare exceptions, probably not, even if the conviction is in another state or federal court. Gun ownership is a right that most of us may not even think … Continue reading Can a Convicted Felon Own a Gun in IL?
How Do I Get My Criminal Record Sealed in Illinois?

25.06.2021 / Criminal Defense

If time has passed since you finished serving your sentence, you may wonder, how do I get my criminal record sealed in Illinois? A criminal record is created if you’re arrested or charged with an offense. It doesn’t go away if you are released without charge or eventually found not guilty. These records may be … Continue reading How Do I Get My Criminal Record Sealed in Illinois?
How Long Does Domestic Violence Stay on Your Record?

14.06.2021 / Criminal Defense

Being accused of domestic violence is a serious situation. In Illinois, if convicted, you may face a criminal case in court and can be charged with either a misdemeanor or a felony. Punishments include monetary fines and, quite often, jail time. Additionally, being convicted of domestic violence goes on your record and can affect you … Continue reading How Long Does Domestic Violence Stay on Your Record?
How To Get An Expungement In Illinois

21.05.2020 / Criminal Defense

When you are arrested and/or charged with a crime in Illinois, a criminal record is created, even if you are not found guilty. Your criminal records can be read by the public, your friends, your family, banks, employers, trade organizations, and credit agencies. If you want to have your record hidden or erased, you must … Continue reading How To Get An Expungement In Illinois
How Do I Answer a Complaint in Illinois?

24.06.2019 / Criminal Defense

When someone files a complaint against you in an Illinois court, you will be served with a summons that lets you know that a lawsuit has been brought against you and what you must do to respond. In the lawsuit, you are called the defendant or respondent. The filer of the complaint is called the … Continue reading How Do I Answer a Complaint in Illinois?
How Can I Minimize Public Record of My Arrest?

17.06.2019 / Criminal Defense

When someone is arrested, the arrest is recorded in a public record. This is called a public arrest record, which is a little bit different from a criminal record. Even if an individual is eventually found not guilty of the charges against him or her (and thus does not have a criminal record for it), … Continue reading How Can I Minimize Public Record of My Arrest?
Can you go to jail for self-defense?

10.06.2019 / Criminal Defense

Anyone who is attacked and in danger of being harmed has the right to defend himself, but there are still times when a person acting in self-defense winds up faced with the possibility of going to jail. While Illinois law allows you to take actions in self-defense, you must be able to prove that you … Continue reading Can you go to jail for self-defense?
Is Battery a Felony in Illinois?

03.06.2019 / Criminal Defense

Under Illinois law, battery occurs if you have physical contact with another individual with the intent to injure, provoke, or insult that person. Battery may consist of contact such as pushing another person, or intentionally causing bodily harm by hitting and injuring someone with an object. While a simple battery is usually charged as a … Continue reading Is Battery a Felony in Illinois?

Recent Defense Results

After the police broke into our client’s house, we successfully suppressed the evidence and the case was subsequently dismissed.

Drugs, “Class X” Felony, Intent to Distribute

We have tried many aggravated battery and domestic batter cases. Our most recent success was our client was charged with attacking and stabbing the victim in their home. After conducting extensive discovery, interviewing witnesses, and reviewing all the factors contained in the case, we were able to get the cause dismissed.

Aggravated Domestic Battery

We handle numerous first and repeat DUIs and have excellent success in acquittals or reductions of charges with minimum impact for our clients. As members of the NACDL, we have numerous expert witnesses available to rebut the vast resources of the prosecution and receive favorable rulings.