Is Elder Abuse a Felony or Misdemeanor in 2026?

Elder abuse can be a felony, but not every case is charged that way. In the United States, elder abuse laws are handled at the state level, and the criminal charge often depends on the type of abuse and how serious the harm was.

Less serious cases may be charged as misdemeanors, while more severe cases may be charged as felonies. In general, felony charges are more likely when the abuse involves injury, death, major financial exploitation, or abuse by someone in a position of trust, like a caregiver.

Even if elder abuse is not charged as a felony, you may still be able to file a civil lawsuit if your loved one was harmed in a nursing home or assisted living facility.

In many cases, the most serious forms of elder abuse are treated as felonies and can carry major penalties, including prison time.

Is Elder Abuse a Felony or Misdemeanor?

Elder abuse can be either a misdemeanor or a felony, depending on where the crime is committed and how serious it is. Although all elder abuse cases are serious crimes, not all are felonies.

Abuse is either an intentional act or a failure to act that causes harm to an older adult. An example of misdemeanor elder abuse may be neglect, while an example of a felony might be abuse of an older adult in a nursing home.

The classification depends less on the label of “elder abuse” and more on the severity, intent, and consequences of the conduct. Those who abuse older adults should face penalties that fit the harm they caused.

When Is Abuse of the Elderly a Felony?

Elder abuse rises to the level of a felony when the conduct involves serious harm, clear intent, or significant exploitation. While the exact definitions vary, felony cases typically reflect situations where an older adult is placed in real danger, suffers major injury, or is taken advantage of in a substantial way.

Types of elder abuse that may be felonies include:

• Physical abuse causing serious injury, such as fractures, head trauma, or internal injuries
• Neglect leading to harm, like failing to provide food, medication, or medical care, resulting in hospitalization or death
• Financial exploitation involving large sums, including fraud, coercion, or theft of savings, property, or assets
• Emotional or psychological abuse tied to severe harm, such as threats, intimidation, or isolation, that causes significant mental distress
• Abuse by a caregiver or trusted individual, particularly when it is ongoing or intentional

These cases often go beyond isolated mistakes or minor neglect and instead involve deliberate, repeated, or high-impact conduct, especially when the abuser is in a position of trust.

How Elder Abuse Felony Cases Can Vary by State

Elder abuse is often committed by someone an older adult trusts, such as a caregiver at a nursing home or a family member. Many people think of elder abuse as violence, but it can also involve neglect of an older adult’s basic needs.

Below are a few recent examples of elder abuse cases that resulted in felony charges.

Is Elder Abuse a Felony in California?

Yes. In California, elder abuse can be charged as a felony when it involves willful neglect, serious harm, or a substantial risk of death or great bodily injury.

For example, 3 caregivers in Riverside County were convicted after investigators found 6 elderly and disabled residents living in extreme neglect at an unlicensed board-and-care facility. Residents were reportedly malnourished, dehydrated, and left in unsafe conditions without proper medical care.

One defendant was convicted of 6 felony elder abuse counts and sentenced to 7 years in state prison. The case was treated as a felony because the neglect was repeated, severe, and put vulnerable residents at serious risk.

Elder Abuse as a Felony in Florida

In Florida, a federal elder fraud case involved a romance and investment scam that stole money from multiple older adults through coordinated online schemes.

One defendant was convicted of laundering money tied to scams that used fake relationships and investment opportunities to target elderly victims. He was sentenced to 15 years in federal prison.

The scheme caused more than $1 million in losses, with money moved through bank transfers, gift cards, and international channels to hide the fraud.

It was treated as a felony because it involved intentional fraud, concealment of stolen funds, and major financial harm to multiple elderly victims.

Is Elder Abuse a Felony in Georgia?

Yes. In Georgia, elder abuse can be charged as a felony when it involves severe neglect, physical harm, or sexual abuse.

For example, 3 former nursing home employees in Sandy Springs were charged with felony neglect, elder abuse, and aggravated battery after an older patient was allegedly fed without a swallow test, choked, and died 2 days later.

In another Georgia case, residents in Lafayette accused a nursing home employee of sexual abuse. Two other employees were also charged for allegedly failing to report the accusations to law enforcement.

Elder Abuse as a Felony in Illinois

A Florida woman was prosecuted in federal court in Illinois for financially exploiting her grandmother. She used deception over time, claiming false emergencies and financial crises to convince her grandmother to send money in multiple transactions, ultimately taking more than $300,000.

The woman was charged with federal wire fraud, a felony commonly used in elder financial exploitation cases involving intentional deception and electronic transfers. She was sentenced to 3 years in federal prison and ordered to pay restitution.

The conduct was treated as a felony because it involved intentional fraud, significant financial loss, and exploitation of a vulnerable older adult.

Is Elder Abuse a Felony in Ohio?

Yes. In Ohio, elder abuse can be charged as a felony, especially in cases involving financial exploitation, breach of trust, or significant harm to a vulnerable adult.

For example, a Knox County case involved a former law enforcement officer and his wife who were indicted for stealing more than $450,000 from an elderly woman with Alzheimer’s disease. They allegedly used their relationship with the victim to carry out a pattern of theft and financial exploitation.

They were charged with multiple first-degree felony counts due to the scale, repeated conduct, and the victim’s vulnerability.

Is Elder Abuse a Felony in Texas?

Yes. In Texas, elder abuse can be charged as a felony, especially in cases involving financial exploitation, fraud, or significant harm to a vulnerable adult.

For example, a woman in Bullard, Texas, was charged after running a scheme that targeted an elderly victim through repeated false statements and emotional manipulation.

She pleaded guilty to federal wire fraud and was linked to losses of about $4.8 million. The case was treated as a felony because it involved intentional deception, ongoing exploitation, and substantial financial harm.

Protect Your Loved Ones from Abuse and Neglect

If you believe your loved one is in immediate danger, call 911 right away. Once they are safe, it’s important to know that you may have legal rights if a loved one was harmed in a nursing home or assisted living facility.

Care facilities are required to provide safe conditions and protect residents from harm. If a facility failed to do that and your family suffered as a result, you may be able to seek compensation for medical bills, pain and suffering, and other losses.

Holding a nursing home accountable may also help protect other residents by exposing unsafe practices, understaffing, or neglectful care.

Get a free case review to find an elder abuse lawyer near you. It costs nothing to learn more about your options.