California Elder Abuse Charges
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" »
