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.