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LawEnforcement4you
LawEnforcement4you, Policeperson
Category: Criminal Law
Satisfied Customers: 45
Experience:  Police Officer – 22 yrs., Chief of Police – 5 yrs., Accident Reconstruction Specialist
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I have been accused of adult abuse by a resident in the ...

Resolved Question:

I have been accused of adult abuse by a resident in the nursing home where I work. It is so far unfounded but was turned into the State of Iowa anyway. What rights do I have?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  LawEnforcement4you replied 8 years ago.

HelloCustomer

Sorry to hear of your problem. Most likely there will be a criminal investigation and probable an investigation by the nursing home licensing division of the state.

Below I have attached three sections of the Iowa criminal law that could apply depending on the severity if any of the injuries.

The most important right you have is against self-incrimination. You have the right to invoke your Miranda rights and request an attorney and not answer any questions if investigators attempt to interview you.

Unfortunately, until an investigator approaches you, you will not know what is going on.

You should consider retaining an attorney.

I hope this helps you,

LE4U

708.1 Assault defined.

A person commits an assault when, without justification, the person does any of the following:

1. Any act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act.

2. Any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act.

3. Intentionally points any firearm toward another, or displays in a threatening manner any dangerous weapon toward another.

Provided, that where the person doing any of the above enumerated acts, and such other person, are voluntary participants in a sport, social or other activity, not in itself criminal, and such act is a reasonably foreseeable incident of such sport or activity, and does not create an unreasonable risk of serious injury or breach of the peace, the act shall not be an assault.

Provided, that where the person doing any of the above enumerated acts is employed by a school district or accredited nonpublic school, or is an area education agency staff member who provides services to a school or school district, and intervenes in a fight or physical struggle, or other disruptive situation, that takes place in the presence of the employee or staff member performing employment duties in a school building, on school grounds, or at an official school function regardless of the location, the act shall not be an assault, whether the fight or physical struggle or other disruptive situation is between students or other individuals, if the degree and the force of the intervention is reasonably necessary to restore order and to protect the safety of those assembled.

Section History: Early form

[C51, § 2594, 2597; R60, § 4217, 4220; C73, § 3875, 3878, 3879; C97, § 4771, 4774, 4775; S13, § 4771; C24, 27, 31, 35, 39, § 12929, 12930, 12934; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 694.1, 694.2, 694.6; C79, 81, § 708.1]

Section History: Recent form

95 Acts, ch 191, § 49

 

 

708.4 Willful injury.

Any person who does an act which is not justified and which is intended to cause serious injury to another commits the following:

1. A class "C" felony, if the person causes serious injury to another.

2. A class "D" felony, if the person causes bodily injury to another.

Section History: Early form

708.2 Penalties for assault.

1. A person who commits an assault, as defined in section 708.1, with the intent to inflict a serious injury upon another, is guilty of an aggravated misdemeanor.

2. A person who commits an assault, as defined in section 708.1, and who causes bodily injury or mental illness, is guilty of a serious misdemeanor.

3. A person who commits an assault, as defined in section 708.1, and uses or displays a dangerous weapon in connection with the assault, is guilty of an aggravated misdemeanor. This subsection does not apply if section 708.6 or 708.8 applies.

4. A person who commits an assault, as defined in section 708.1, and who causes serious injury, is guilty of a class "D" felony.

5. Any other assault, except as otherwise provided, is a simple misdemeanor.

Section History: Early form

[C51, § 2593-2595, 2597; R60, § 4216-4218, 4220; C73, § 3874-3876, 3878, 3879; C97, § 4770-4772, 4774, 4775; C24, 27, 31, 35, 39, § 12929-12935; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 694.1-694.7; C79, 81, § 708.2; 81 Acts, ch 204, § 3]

Section History: Recent form

87 Acts, ch 154, §8; 98 Acts, ch 1026, §1; 99 Acts, ch 65, §3

 

 

726.8 Wanton neglect or nonsupport of a dependent adult.

1. A caretaker commits wanton neglect of a dependent adult if the caretaker knowingly acts in a manner likely to be injurious to the physical, mental, or emotional welfare of a dependent adult. Wanton neglect of a dependent adult is a serious misdemeanor.

2. A person who has legal responsibility either through contract or court order for support of a dependent adult and who fails or refuses to provide support commits nonsupport. Nonsupport is a class "D" felony.

3. A person alleged to have committed wanton neglect or nonsupport of a dependent adult shall be charged with the respective offense unless a charge may be brought based upon a more serious offense, in which case the charge of the more serious offense shall supersede the less serious charge.

4. For the purposes of this section, "dependent adult" means a dependent adult as defined in section 235B.2, subsection 4, and "caretaker" means a caretaker as defined in section 235B.2, subsection 1.

Section History: Recent form

 

Customer: replied 8 years ago.
I knew all of that already.
Expert:  LawEnforcement4you replied 8 years ago.
Customer

I researched the answer based on what are your rights. As it stands you are in the spot of waiting for the investigators. There is always the option of retaining an attorney and having the attorney approach the prosecutors office.

This is all the informatiom I have.

Sorry,

Thank You,

LEF4U

Customer: replied 8 years ago.
Why am I guilty until proven innocent? From some things I have read, there should have been reasonable proof before turning into the State. There was not. The DON said not to turn it in but the new Administrator said it had to be. I feel I'm being guilty and punished before any sound facts. I did not do anything to this resident. But, I'm the one suffering.
Expert:  LawEnforcement4you replied 8 years ago.
Customer

I am not sure why you think you are guilty. You are absolutely innocent until proven guilty and it is the states responsibility to prove you are guilty not your responsibility to prove you are innocent.

I know these situations are frustrating and I have been involved in investigations for over 22 years. Sometimes thing look bad on the surface but once the facts are all reviewed there is nothing.

If you feel this way then you should consider documenting your side of the story and having it reviewed by and attorney and then submit it to the investigators.

Good Luck,

LEF4U

Customer: replied 8 years ago.
Thank you. I have documented everything. Hope you are right and I am innocent until proven otherwise. I know they will not find anything, but I feel I'm being punished in the mean time while waiting.
Expert:  LawEnforcement4you replied 8 years ago.

I understand how you feel.

I wish you luck. If you are satisfied please click accept my answer.

Thank you,

LEF4U

Customer: replied 8 years ago.
I did accept your answer. Did it go through?
Expert:  LawEnforcement4you replied 8 years ago.

HelloCustomer

No the question shows waiting for action, maybe you could try again.

I appreciate it.

Thanks,

LEF4U

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