Elder Neglect Lawyer

In Texas, elder neglect is typically prosecuted under Texas Penal Code § 22.04 as injury to an elderly individual. These cases usually involve a failure to provide care when a legal duty exists, and most charges are filed as felonies based on the defendant’s mental state and the harm caused.

If you've been accused of (or are under investigation for) neglecting an elderly family member, an experienced lawyer can intervene early to challenge whether a legal duty existed, whether it was breached, and whether the conduct rises to a criminal offense. Early action in Travis County can significantly impact whether charges are reduced, dismissed, or aggressively pursued.

Texas Elder Neglect Defense Attorney

Facing elder neglect allegations in Austin is overwhelming. These cases often arise in emotionally charged situations that involve family members, caregivers, or medical providers.

At Michael & Associates, our experienced Austin assault attorneys approach these cases with urgency and discretion. We focus on:

• Medical record analysis
• Early evidence preservation
• Identifying misunderstandings vs. potentially criminal conduct
• Witness credibility

These cases often depend heavily on the defendant’s mental state, the resulting harm, and the surrounding circumstances.

Definition of Elder Neglect Under Texas Law

In Texas, elder neglect typically falls under statutes addressing injury to an elderly individual.

Under Texas Penal Code § 22.04(c), an “elderly individual” is a person 65 years of age or older.

In criminal cases, what people call “elder neglect” is usually prosecuted as an omission under Texas Penal Code § 22.04, meaning a failure to act when there is a legal duty to provide care, including:

• Food and water
• Shelter
• Medical care
• Supervision

To be considered criminal, conduct must be shown to be intentional, knowing, reckless, or criminally negligent, depending on the charge level.

The State must prove each element beyond a reasonable doubt. Under § 22.04, criminal liability for an omission requires proof that the defendant had a legal duty to act or had assumed care, custody, or control of the elderly individual.

In Travis County, criminal elder neglect cases are prosecuted in district courts located at the Blackwell-Thurman Criminal Justice Center. 

Felony charges under Texas Penal Code § 22.04 are typically handled in Travis County district courts, while related civil or protective matters, such as guardianship or involvement by Adult Protective Services, may proceed separately in probate or civil courts.

Is Elder Neglect Considered Domestic / Family Violence?

Sometimes. Under Texas Family Code § 71.004, family violence can include acts or omissions that result in physical harm or risk of harm within a qualifying relationship.

Elder neglect may be treated as family violence if:

• The alleged victim is an elderly family or household member, and
• The accused had a legal duty of care, and
• The failure to provide care resulted in harm or a substantial risk of harm

For example, if an adult child with caregiving responsibility fails to provide necessary medication to an elderly parent, prosecutors may charge injury to an elderly individual under Texas Penal Code § 22.04, and the case may include a family violence finding.

Common Situations Leading to Elder Neglect Allegations

Many elder neglect allegations don’t stem from clear-cut abuse. Instead, they often arise from complicated, real-life situations

Common scenarios include:

• Overwhelmed family members
• Lacking resources
• Disputes between siblings over care decisions
• Medical complications mistaken for neglect
• Complaints about nursing homes or assisted living facilities
• Failure to follow appropriate medical treatment directions
• Financial constraints that impact the quality of care

Early action is essential in Travis County. Adult Protective Services (APS) may open a civil investigation quickly based on a report, which can later lead to criminal charges if law enforcement becomes involved.

Penalties for Elder Neglect in Texas

Elder neglect is usually prosecuted under Texas Penal Code § 22.04 as injury to an elderly individual. Charges are typically felonies and depend on the defendant’s mental state and the harm caused. Penalties range from 180 days in state jail to life in prison, with fines up to $10,000.

The severity of the charge depends on two key factors:

• The defendant’s mental state (negligent, reckless, knowing, or intentional)
• The level of harm caused (bodily injury, serious bodily injury, or death)

Criminal Negligence

“Criminal negligence” means a person should have been aware of a substantial and unjustifiable risk but failed to perceive it. It is typically charged as a state jail felony.

Reckless, Knowing, or Intentional Conduct

Under Texas Penal Code § 6.03, higher mental states increase exposure:

• Reckless conduct and bodily injury: Third-degree felony
• Reckless conduct causing serious bodily injury or death: Typically charged as a second-degree felony
• Knowing or intentional and bodily injury: Third-degree felony
• Knowing or intentional and serious bodily injury: Second-degree felony
• Knowing or intentional plus death: First-degree felony

Here’s a breakdown of the penalties for each type of conduct:

Even small differences in how the State classifies intent or injury can significantly change the outcome. In Travis County, these distinctions often determine whether a case results in probation, prison exposure, or a potential reduction or dismissal.

Other Consequences

These cases aren’t just about what happened. They’re about how the State interprets your actions. The same situation can be charged very differently depending on how prosecutors frame intent and causation.

Additional consequences may include:

• Protective orders
• Exposure to civil liability for damages
• Loss or suspension of caregiving license 
• A permanent criminal record
• Potential immigration consequences

Defenses to Elder Neglect Charges

Every elder neglect case depends on facts, intent, and available evidence.

Potential defense strategies include:

• Lack of intent
• Reasonable care provided
• Medical causation
• False or exaggerated allegations
• Shared responsibility
• Resource limitations

Investigating these allegations early is critical.

Role of a Texas Elder Neglect Defense Attorney

An experienced criminal defense lawyer doesn’t just react to charges. They take action early to strengthen your case.

This can mean:

• Intervening before charges are filed
• Securing medical evaluations
• Communicating with investigators or prosecutors
• Seeking out expert witnesses
• Filing pretrial motions to exclude weak evidence
• Challenging APS findings
• Negotiating reductions or dismissals
• Preparing for trial when necessary

In Travis County courts, early legal intervention can influence how aggressively a case is pursued.

Key Elements the Jury Considers

To convict, the State must prove specific elements beyond a reasonable doubt. Jurors must typically evaluate:

• Whether a defendant had a legal duty of care
• Mental state (reckless, intentional, knowing, or negligent)
• Whether the care that was provided was reasonable under the circumstances
• Cause of injuries or risks
• The credibility of witnesses, including medical professionals
• Timeline of the events and any response to the situation

Additional Assault / Family Violence Resources

If you believe an older adult may be experiencing abuse, you can report it 24/7 through the Texas Abuse Hotline website or by calling 800-252-5400.

The following agencies and programs also offer assistance with elder care issues in the Austin area:

• HHSC Age Well Live Well: This program, offered through Texas Health and Human Services, provides information and assistance for older adults and their families, including benefits counseling, caregiver support, nutrition services, and care coordination.
• Adult Protective Services: Administered by the Texas Department of Family and Protective Services, APS Investigates abuse, neglect, and exploitation of elderly individuals.
• Area Agency on Aging of the Capital Area: AAACAP provides services to support and advocate for the health, safety and well-being of older adults in Travis County and nine surrounding counties — Bastrop, Blanco, Burnet, Caldwell, Fayette, Hays, Lee, Llano, and Williamson.

Finding an Elder Neglect Attorney in Austin, Texas

Elder neglect accusations often arise from complicated family dynamics, medical conditions, or financial strain, but the consequences can be severe. 

At Michael & Associates, our Austin criminal defense attorneys move quickly to investigate the facts, preserve critical evidence, and challenge whether a legal duty existed or whether the care provided was reasonable under the circumstances. With decades of combined experience and a trial-ready approach, we focus on positioning cases for dismissal, reduction, or the strongest possible outcome.

If you’re under investigation in the Austin area, you need to take immediate steps to protect yourself and your future. Contact us today for a free, confidential case review. 

Last updated: April 2026; Reviewed for legal accuracy by the attorneys at Michael & Associates.