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 penal code section also applies to incompetent adults, which means 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.
Defenses to Elder Abuse (PC 368)
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. The attorneys at Wallin & Klarich are highly skilled in elder abuse law and are knowledgeable about possible defenses. Some of the defenses our attorneys have used to defend our clients facing elder abuse charges in California include:
- Lack of Intent – You lacked the intent to abuse the alleged victim
- The victim was not 65 years old – In order to be convicted of this crime, the victim must be 65 years old or older. If the victim was not at least 65 years old, your attorney may be able to have the charges dropped or reduced.
- You did not know that the victim was 65 years old – Your criminal defense attorney may be able to prove that you were not aware that the alleged victim is 65 years or older.
- Self defense or defense of someone else – If your alleged abuse actually was performed in self defense or in defense of another individual, you will likely not be convicted of this crime.
Call an Elder Abuse Attorney at Wallin & Klarich
If you are being accused of elder abuse in California, you need to speak with an experienced criminal defense attorney immediately. At Wallin & Klarich, our skilled attorneys have over 30 years of experience successfully defending our clients facing elder abuse charges. We’ve helped thousands of clients in their time of legal need. Let us help you now.
We will carefully review the facts of your case and work with you to obtain the best possible outcome.
With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville and West Covina, our experienced attorneys are available to help you no matter where you live or work.
Call our offices today at (888) 280-6839 for a free phone consultation. We will get through this together.