FacebookTwitterLinkedInJustiaGoogle+Feed

Published on:

Sentence for Elder Abuse and Neglect – California 368 PC

Sentencing and punishment for elder abuse and neglect – explained by Orange County criminal attorneys at Wallin & Klarich Elder%20Abuse%20Punishments%20Penal%20Code%20368.jpg

Under California Penal Code section 368, a person who commits elder abuse and neglect is punished according to the type of abuse committed by the accused.

Elder abuse and neglect involving great bodily harm, death or injury
A person who commits elder abuse in a manner that is likely to produce great bodily harm or death, injury, or inflicts unjustifiable physical pain or mental suffering can be charged with a misdemeanor or a felony. This is also known as a “wobbler.” This means the District Attorney can either file misdemeanor or a felony charges depending on the facts and circumstances of the case.

Punishment for misdemeanor elder abuse and neglect involving great bodily harm, death or injury
If you are charged with misdemeanor elder abuse and neglect you can be punished by imprisonment in county jail for up to one year, or a fine not exceeding $6,000, or both county jail and a fine.

Punishment for felony elder abuse and neglect involving great bodily harm, death or injury
If you are charged with felony elder abuse and neglect you can be punished by imprisonment in county jail for two, three, or four years.

Punishment for elder abuse and neglect involving great bodily injury
If you commit abuse or neglect of an elderly individual that results in great bodily injury to the victim as defined in Penal Code Section 12022.7, you can be punished with an additional term in state prison:

• An additional three year prison term if the victim is 70 years of age.
• An additional five year prison term if the victim is over 70 years of age
Punishment for elder abuse and neglect resulting in death
If you commit abuse or neglect of an elderly individual that result in death, you can be punished with an additional term in state prison:

• An additional five year prison term if the victim is 70 years of age.
• An additional seven year prison term if the victim is over 70 years of age

Elder abuse and neglect without injury, death, or physical or mental suffering
Under California Penal Code section 368, a person who commits elder abuse and neglect in a manner that is likely to produce great bodily harm or death, injury, or inflicts unjustifiable physical pain or mental suffering is charged with a misdemeanor.

Punishment for misdemeanor elder abuse and neglect not involving injury, death, or physical or mental suffering
If you are charged with misdemeanor elder abuse and neglect you can be punished by imprisonment in county jail for up to one year, or a fine not exceeding $1,000

Punishment for misdemeanor elder abuse and neglect not involving injury, death, or physical or mental suffering as a second or subsequent violation

If you have a prior conviction for elder abuse and neglect, you can be punished with a fine of $2,000, or imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

Punishment for elder abuse and neglect involving theft
If you are charged with committing elder abuse and neglect as the result of theft, embezzlement, forgery, or fraud you will be punished based on the amount of goods or services taken.

• If the amount of goods or services taken exceeds $950, then you can be punished by a fine of $2,500, or imprisonment in county jail for up to a year, or both a fine and imprisonment.
• If the amount of goods or service taken was less than $950, then you can be punished by a fine of $1,000, imprisonment in a county jail for one year, or by both that fine and imprisonment
Finding an experienced elder abuse and neglect defense attorney at Wallin & Klarich

If you or a loved one has been charged with elder abuse and neglect, it is imperative that you contact Wallin & Klarich to help you win your case. Wallin & Klarich has over 30 years of experience successfully defending our clients against charges of elder abuse and neglect. Call us today at 888- 280-6839 or visit our website at www.wklaw.com. We have offices in Riverside, San Bernardino, Ventura, Los Angeles, Riverside and Orange Counties. We will be there when you call.

About Wallin & Klarich

partnersfooter

Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.