Often, when we think of the term "elder abuse," we think of nursing home abuse and neglect. For many of us, the thought of a vulnerable person being abused by someone who is paid to care for him or her is infuriating. But often, senior citizens are victimized by those much closer to them--often, their own adult children or other caregivers who are a part of the family. In some cases, the frustration of caring for an elderly, disabled parent becomes too much for a caregiver to bear, and without adequate resources, they release their frustration through anger and rage against the one who cannot fight back.
In other cases, the abuser is not a caregiver at all, but rather someone who is used to getting his or her own way. This can be the case with a drug- or alcohol-addicted adult who lives with a parent and who snaps when the parent no longer provides the cash to support the addiction.
In Oklahoma City this week, police received a call about a domestic disturbance at a car wash on NW 23rd. When police arrived they found a man yelling at an elderly woman who was bleeding from her mouth.
Police tried to question the man, but reported that they were unable to do so because the man was apparently so heavily intoxicated that he could not respond to their questions.
They then spoke to the woman, who identified herself as the 80-year-old mother of the man in question. She said her son, 44-year-old Andrew Chaballa, is unemployed and lives with her. She told police that he became irate when she refused to give him money, and he began punching and slapping her in the back and in the face.
The woman was transported to a local hospital for treatment of her injuries, and her son was arrested and booked into the Oklahoma County Jail on a complaints of domestic abuse and aggravated assault and battery.
Domestic assault and battery, in general, is a misdemeanor. However, aggravated assault and battery is a felony.
Most domestic violence cases are simply charged as domestic assault and battery; however, a case involving a particularly vulnerable adult victim or one that involves great bodily injury may be charged as aggravated assault.
Because the aggressor in this case is a man of apparent health (jail records list him as 5'10 and 170 pounds) and the victim is an elderly woman, the case seems to meet the criteria for an aggravated assault charge according to 21 O.S. 646:
A. An assault and battery becomes aggravated when committed under any of the following circumstances:
1. When great bodily injury is inflicted upon the person assaulted; or
2. When committed by a person of robust health or strength upon one who is aged, decrepit, or incapacitated, as defined in Section 641 of this title.
Aggravated assault and battery is punishable by a maximum sentence of 5 years in prison.
