Will I go to jail for elder abuse? Penal Code 368

By: Wallin & Klarich

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.

Posted In: Elder Abuse