Elder Abuse In California: PC 368

ELDER ABUSE

What is Elder Abuse under the law?

The Elder Abuse statute, PC 368, makes it a crime in California to inflict physical abuse, emotional abuse, or neglect on someone who is older than 65. This offense is a wobbler, meaning it can be charged as a misdemeanor or a felony, depending upon the extent of the allegations. If the conduct was likely to produce great bodily injury or death, it may be charged as a felony. The crime of Elder Abuse can be proved by establishing the person acted willingly, or even just negligently.

Some examples of situations that could lead to these charges are:

Failing to provide care necessities to an elderly person you are caring for
Benefitting financially from an elderly person by fraudulent means
Physically abusing an elderly person

WHAT ARE THE POTENTIAL PUNISHMENTS FOR ELDER ABUSE?

Jail or Prison Time

As a misdemeanor, Elder Abuse is punishable by up to one year of jail time; but as a felony it is potentially punishable by multiple years of prison time.

Mandatory Consequences of a Domestic Violence Conviction:

Often times there is a relation between the person accused of Elder Abuse and the alleged victim, and that relation would make this a crime of domestic violence. As a crime of domestic violence, if convicted you would be subject to the mandatory conditions of a domestic violence offense. You can read more about domestic violence crimes in general, and those mandatory conditions here. Those mandatory conditions include: community service, probation, fines, domestic violence classes, a protective order, and a loss of your firearms rights.

WHAT CAN I DO ABOUT A CHARGE FOR ELDER ABUSE?

Know when to get an attorney involved

An attorney can be of help at any stage when dealing with this type of charge. For some people even an accusation of a charge like this can greatly damage their personal life or ability to work. For that reason, some people prefer to get an attorney involved early. Even if you have only been accused, or police are investigating you, many people benefit from the advice of an attorney at these critical stages. If you have been arrested or charged, then it is definitely time to seriously think about getting a trusted professional on your side. If you are in this situation, you can schedule a free consultation here so we can help you decide if it is time for an attorney and what we can do for you.