Asked in Criminal Law and Elder Law for Oklahoma

Q: What's the chances of going to prison if ive been charged with abuse of the elderly first offense

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1 Lawyer Answer
Tracy Tiernan
Tracy Tiernan
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: Most attorneys that will respond to this question will, understandably, want your business first and foremost. Here’s the truth. To quantify percentages of people who go to prison on the first offense it probably sounds like somewhere around less than 1%. But when you break it down, there are certain charges that typically lend them selves to a higher risk of loss of liberty or incarceration than others. An over simplified example of such crimes might be sex crimes, violent crimes, murder, and crimes involving abuse or injury to elderly or child victims, particularly where the allegations recite meaningful physical or sexual injuries.

I certainly don’t know the facts of your case. I think it’s normally unlikely that you would serve time (and remember that the State still has the burden of proving you guilty beyond a reasonable doubt).

That being said, It would be premature to give you a reliable opinion without knowing the specific facts. But, yes, it’s certainly a possibility if there are aggravating factors involved in the allegations against you.

This is definitely a case where you want to hire a seasoned trial attorney who may have heard the words uttered by a jury foreman ”not guilty” on more than one occasion. You need to retain an attorney as soon as possible to protect your rights.

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