When most people hear the term “elder abuse,” they think of physical attacks against senior citizens. It’s true that physical violence can be one type of abuse, it’s only one thing that can lead to a charge of elder abuse. In many cases, it’s actually a financial crime.

When it comes to elder abuse, it’s all about the relationship

If you’ve been charged with elder abuse in the state of California, then your relationship to the victim will be very important. If you’re not their caregiver or custodian, then it’s up to the prosecution to prove that you acted either intentionally or willfully, which means that you must have targeted this person specifically.

In the event that you are a person’s custodian or caregiver, for example if you’re a family member who’s charged with taking care of their needs or an employee at the victim’s nursing home, then the prosecution must prove that your behavior was either criminally negligent or willful. This means that you could simply fall slightly below what are considered “normal standards of care.” This is a charge that’s relatively easy for a prosecutor to prove – and they don’t even have to prove that you did it intentionally.

Then there are banks and credit unions, who are required by California law to report anyone they suspect of financial elder abuse. If they don’t report it, then they could be looking at fines as high as $5,000. Of course, this means that they have an incentive to report someone even if they’re not sure that they’re acting criminally.

There are severe potential penalties for an elder abuse conviction

It’s true that those who are elderly are more vulnerable to many crimes, including financial crimes. As a result, prosecutors can decide to charge elder financial abuse as either a felony or a misdemeanor. A person convicted of a misdemeanor could spend as long as 364 days in county jail and pay a fine of up to $1,000. Those convicted of a felony could serve as long as four years in state prison and pay fines of up to $10,000.

An experienced criminal defense attorney can help

No matter what your situation is, if you’ve been charged with elder abuse or you simply have reason to believe that you’re suspected of elder abuse, a criminal defense attorney can help. When you call Law Office of Michael L. Fell at (949) 585-9055, we’ll provide a free consultation. We can take a look at your case, offer you options, and let you know how you might want to proceed.

Every elder abuse case may be different but they also have one thing in common: You need an experienced attorney on your side.