Southern California Defense Blog

Crimes against the elderly have been increasingly reported and prosecuted in recent years. Prosecutors in Riverside are now armed with legislation that is tailored to prosecute those who abuse, neglect, or take financial advantage of the elderly or dependent adults.

Prosecuting Elder Abuse

To be convicted of elder abuse in Riverside, the prosecutor must first prove that:
1. You willfully caused or permitted unjustifiable physical or mental pain on the victim;
2. The victim was an elder or a dependent adult; and
3. You knew or reasonably should have known that the victim is an elder or dependent adult.
An elder is anyone who is at least 65 years old. A dependent adult is any adult under the age of 65 who has a physical or mental limitation that restricts his or her ability to carry out normal activities.

Sentencing for Elder Abuse

Elder abuse under Penal Code 368 is a “wobbler” in California, meaning that the prosecutor has the choice to charge this crime as a misdemeanor or a felony. The elder abuse may be a felony if it was committed “under circumstances likely to produce great bodily harm or death”. A felony elder abuse conviction can result in a prison sentence of up to four years and a fine of $6,000.

Elder abuse can also be charged as a misdemeanor under Penal Code 368(c) if the crime was committed “under circumstances other than those likely to produce great bodily harm or death.” If you are convicted of misdemeanor elder abuse, you may be sentenced to up to six months in county jail and a fine of up to $1,000.

Whether the offense is charged as a misdemeanor or felony will largely depend on the facts and circumstances of your case. Factors that the prosecutor will consider are whether there was a physical injury inflicted upon the victim, the severity of the injury, the age of the victim, and your criminal history. The court may increase the sentence by up to 3 years if the victim suffered great bodily injury. If the victim was 70 years of age or older at the time of the offense and suffered great bodily injury, the court can add an additional four year sentence in county jail.

Defenses to Elder Abuse

An experienced Criminal Defense Attorney can help you by raising several defenses to your elder abuse charges. These defenses include:

Lack of intent

If you did not willfully cause physical or mental pain to the victim, then you may have a defense to your elder abuse charge. Your Wallin & Klarich Elder Abuse Attorney may be able to show that there was an accident and you did not have the intent required for an elder abuse conviction.

Victim was not an elder or dependent adult

The victim must be at least 65 years old or an adult with a physical or mental limitation. It is not unusual for elder abuse charges to be brought against our clients when the victim was neither an elder or dependent adult. You cannot be criminally liable if the victim was not an elder or dependent adult. Also, you cannot be liable if you reasonably believed that the victim was not an elder or dependent adult.

Self-defense or Defense of another

You will not be criminally liable for elder abuse if you were acting in self defense or in defense of another. For example, if the alleged victim was engaging in physically aggressive or violent behavior, you may be able to claim that your actions were done in self-defense.

Elder Abuse Defense Attorneys in Riverside

The Riverside District Attorney’s office has a special unit that is dedicated to specifically prosecuting elder abuse cases in Riverside County. That means that you will need the help of an experienced criminal defense law firm that has experience defending elder abuse cases in Riverside. Wallin & Klarich has been successfully defending those accused of elder abuse for over 30 years. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks.
Call us today at (888) 280-6839 or submit our intake form online. We will be there when you call.

What Is Elder Abuse?

Under California Penal Code section 368, it is unlawful to willfully cause unjustified physical pain or mental suffering to an elder adult. An elder adult is anyone who is 65 years old or older.

This section also applies to incompetent adults, those who are physically unable to take care of their own physical or mental health. California enacted this section to afford special protection to elder and incompetent adults because they typically rely on others for care.

The physical dependency of this class of people warrants a higher protection for them against criminal conduct. If you have been charged or accused of committing elder abuse, it is important that you contact an attorney immediately.

Elder Abuse Attorney

Getting your attorney involved early on in your case can positively affect its outcome. Depending on the facts of your case, your attorney may be able to lower your charges or even get the case dismissed.

If you need an attorney to defend you against allegations of elder abuse, you need to contact Wallin & Klarich. For over thirty years, Wallin & Klarich has successfully defended persons charged with different types of elder abuse.

The attorneys at Wallin & Klarich are highly skilled in elder abuse law and are knowledgeable about possible defenses. Some of the defenses your attorney from Wallin & Klarich may raise on your behalf include but are not limited to:

• Lack of Intent
• The victim was not 65 years old
• You did not know that the victim was 65 years old
• Self defense or defense of someone else

If you have more questions about possible defenses and how they will apply to your case, call Wallin & Klarich today. You want an attorney who will strive to protect your interests and legal rights.

At Wallin & Klarich, we are dedicated to defending our clients. We know that being charged with any crime can be a difficult time for you and your family.

Let us guide you through the complicated criminal court system. You don’t have to go through this alone.

Call us today at (888) 280-6839 to speak with one of our qualified California defense attorneys. We will be there when you call.

Under California Penal Code section 683, it is unlawful to willfully cause or permit unjustified physical pain or mental suffering to an elder adult. An elder adult is anyone who is 65 years or older.

This section also applies to dependent adults, those who are physically unable to care for their own physical or mental health.

Elder Abuse Prosecution

If you are not a caregiver or custodian of the elder victim, then the prosecution must prove that you intentionally caused the injury. If you are the caregiver or custodian to the elder adult, the prosecutor must only prove criminal negligence. Criminal negligence in this instance could be failing to follow normal procedures when caring for the elder adult.

You need a skilled criminal defense attorney if you are going to successfully defend yourself from a charge of elder abuse. Depending on the facts of your case, your attorney may be able to lower your charges or get your case dismissed.

You can call Wallin & Klarich today to speak with an attorney about your case. We know that in order to convict you of elder abuse the prosecution must prove all of the following elements:

• You willfully caused the unjustified physical or emotional pain to an elder adult or allowed another to do so
• The victim was 65 years or older
• You knew or had reason to know that the victim was 65 years or older

If the victim was a dependent adult, the prosecution will have to prove the same elements.

Examples of Elder Abuse

If you are concerned about a possible case of elder abuse, you need to consult with an experienced elder abuse defense attorney. Examples of elder abuse could include:

• Physical and sexual assault
• Restraining or confining an elder adult in an unreasonable manner for an unreasonable time
• Mishandling the administration of chemical or psychotropic drugs
• Verbal threats or intimidation
• Prolonged isolation
• Neglect

Competent Elder Abuse Defense Lawyer

If you or a loved one has been charged with elder abuse, Wallin & Klarich can help. The attorneys at Wallin & Klarich are highly skilled in elder abuse law and are very knowledgeable about elder abuse and possible defenses.

For over thirty years, Wallin & Klarich has successfully represented clients charged with elder abuse. At Wallin & Klarich, we are committed to providing our clients with the best defense possible.

Let us guide you through the complicated criminal justice system. Your attorney from Wallin & Klarich will be there for you every step of the way.

Call us today at 1-888-280-6839 to speak with one of our elder abuse defense attorneys. We will be there when you call.

One can only hope to never be charged with a crime, let alone a crime that qualifies as Elder Abuse. While Elder Abuse has always been frowned upon, Elder Abuse laws have become more severe and stringent in recent years due to the public’s heightened sensibility to Elder Abuse, which means harsher consequences upon defendants.

Pursuant to California Penal Code 368, "elder abuse" can include any of the following types of conduct directed at anyone who is sixty-five (65) years of age or older:

• Physical Abuse (infliction of unjustifiable pain or injury on an elder victim)
• Emotional Abuse (normally mental suffering through isolation or ridicule)
• Neglect and Endangerment (willfully placing an elder or dependent adult in a situation where his/her health or safety is endangered)
• Financial Exploitation (elder fraud or financial abuse)

Penalties for Elder Abuse in California

The government is vigilant about prosecuting Elder Abuse cases, which have become more prevalent in recent years. A conviction for an Elder Abuse charge can result in years of prison time and serious financial consequences. To navigate through an Elder Abuse case successfully, one must be sure to have a criminal defense attorney who is well-versed with the laws involving Elder Abuse crimes.

Get the competent representation you will need for your defense. Wallin & Klarich has successfully been handling Elder Abuse cases for years. Contact the Los Angeles Criminal attorneys at Wallin & Klarich to represent you in this difficult and stressful time in your life. Visit our website at www.wklaw.com and feel free to call us at 888-280-6839. We will be here when you call.

Frequently, we get asked if a client will go to jail for charges that are pending against that person. And while some crimes have mandatory minimum jail sentences attached to them, frequently there are numerous factors that are all considered before that question can be answered. However, even if someone is sentenced to a jail term, that could be alternative ways for serving that sentence, for example electronic home confinement; cal trans work; community labor; and even city jail.

The crimes of elder abuse is stated in Penal Code section 368(a)and are deserving of special consideration and protection, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent, and therefore less able to protect themselves.

Penal Code Section 368(b)(1) states , that any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years.

If you or a loved one is facing a this charge, contact the criminal defense attorneys at Wallin and Klarich. We at Wallin and Klarich have many years of experience successfully defending people charged with these types of crimes. We will work to aggressively defend you by investigating all aspects of your case. We will work to ensure that your rights are protected and that you clearly understand the legal process. The attorneys at Wallin & Klarich can be reached by phone at 1-888-280-6839 or through our website at www.wklaw.com. We will be there when you call.

Penal Code Section 368 defines elder abuse as:

“Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult, with knowledge that he or she is an elder or a dependent adult, to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in a county jail not exceeding one year, or in the state prison for two, three, or four years.”

Elder Abuse can be either charged as a misdemeanor or a felony by the District Attorney’s Office.

A misdemeanor conviction of PC 368 Elder Abuse involves:

· informal probation;
· one year county jail maximum;
· fines and restitution to the victim; and,
· court recommended counseling or violence classes.

A felony conviction of PC 368 Elder Abuse can result in:

· formal supervised probation,
· two to four years in county jail without aggravated circumstances
like serious bodily injury or death;
· thousands of dollars in fines;
· restitution and court recommended counseling.

Make sure that your rights are accurately and aggressively defended after being charged with Elder Abuse in California. Contact the experienced criminal defense law firm of Wallin & Klarich. Our attorneys have been helping those accused of crimes for more than 30 years. Wallin & Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome. Call Wallin & Klarich today at 888-280-6839 or visit www.wklaw.com to find out more about how we can help.

Recently a granddaughter was convicted of elder abuse and grand theft by in affect accessing and taking her grandmother’s money and jewelry and selling it without her consent and then placing her grandmother in a nursing home. The mental abuse consisted of the conditions of the nursing facility in addition to her isolation her abandonment and the lack of visits or calls.

If a person commits multiple acts of theft, all of which are of an amount which is lower than what would constitute a charge of grand theft, they can be consolidated if the total amount is above the minimal requirement for a grand theft.

Elder abuse is defined as any person who knows or reasonably should know that a person is an elder or a dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered.

This is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years.

If you or a loved one is facing a charge of elder abuse, contact the criminal defense attorneys at Wallin and Klarich. We at Wallin and Klarich have many years of experience successfully defending people charged with these types of crimes. We will work to aggressively defend you by investigating all aspects of your case.

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.

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