Southern California Defense Blog

In California, Penal Code section 368 provides that any person who willfully causes or permits the infliction of unjustifiable physical pain or mental suffering on an elder person is guilty of elder abuse. An elder is anyone who is at least 65 years old. This section also applies to people who have a legal duty to care for the elder, such as personal caretakers or nursing home employees. Because elder persons are particularly vulnerable to exploitation, the law protects them and prescribes severe punishments for those who commit such offense.

Elder abuse is a "wobbler" offense, which may be prosecuted as either a misdemeanor or felony. If an individual accused of this crime does not cause great bodily injury or death, an elder abuse conviction will be considered a misdemeanor. However, if an individual places the elder person in a position reasonably likely to result in great bodily injury or death, such conduct is punishable up to four years in state prison. When the victim is 70 years of age or older when he or she is injured, the court must sentence the person to additional five years. If the elder person dies as a result of the defendant’s conduct, the court may sentence such individual to additional seven years in state prison.

If you have been accused of elder abuse, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/elder-abuse. We will be there when you call.

WHAT IS ELDER ABUSE, AND DO I NEED AN ELDER ABUSE ATTORNEY IF CHARGED WITH ELDER ABUSE AS A CRIME?

Elder abuse (and abuse of younger dependent adults, such as adults with mental disabilities) includes all of the same physical abuse that most people think of when they think of domestic violence. However, elder abuse is generally defined much more broadly and also includes:

• Financial exploitation;
• Emotional abuse and controlling behavior;
• Neglect;
• Sexual abuse; &
• Over-or under-medication

Financial abuse accusations against caretakers of dependent adults are especially common. Though financial exploitation is a “real” risk, it is often that concerned family members view a gift from an older person to a caretaker with suspicion or jealousy, leading to false accusations.

Under California law, abuse of a dependent or elder adult is a “wobbler,” meaning it can be charged as a felony or a misdemeanor. However, it will almost always be charged as a felony if the abuse leads to serious injury or death, money and property with a value of more than $400 being stolen, or the accused may be charged with false imprisonment. The non-criminal penalties can also be devastating. Because caretakers are generally either family members or medical professionals, a conviction can end a career or tear a family apart. With so much at stake, it is essential to get help from an experienced domestic violence defense attorney.

Continue reading "California Elder Abuse Charges" »