Sentence and Punishment for Elder Abuse in California

By: Wallin & Klarich

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 to find out more about how we can help.

Posted In: Elder Abuse