Being charged with elder abuse can be a devastating situation. Too often, prosecutors succeed in convincing defendants that the best thing they can do is to take a plea. At Law Office of Michael L. Fell we will investigate your case and stand up for your rights. No matter what the prosecutor tells you, there are defense options – including these five possible defenses against elder abuse.

1. You didn’t have intent

According to CA Penal Code Section 368, you must have acted willfully to cause pain or mental suffering. One of the strategies we may employ is to prove that the injury was an accident and that you had no intent to injure them.

2. You were not willfully or intentionally negligent

In order for the prosecutor to get a conviction, California law requires that if the elder was in your care, that you were either criminally negligent or that you willfully committed the offense. Criminal negligence involves acting in a way that was very likely to injure the victim. One strategy we may follow is to show that you were reasonably careful and that the abuse didn’t meet the criteria for elder abuse.

3. The victim doesn’t qualify as an elder

California is very clear on what constitutes elder abuse. One of the requirements is that the victim was at least 65 years old when the abuse occurred. In some cases, charges are brought against a person for harming someone who was not yet 65 years old. If they weren’t of age at the time of the offense, then they simply can’t be convicted. On the other hand, it’s still possible to be liable criminally if the victim was a dependent.

4. You don’t know the victim was 65 years old

Even if the victim was 65 years old, if you thought they were younger then we can use that in your defense. This would apply in a situation in which the victim looked or acted younger than their age and you had no way of knowing that they were 65 years or older. The prosecution must prove that you either actually knew or reasonably should have known that the victim was at least 65 years old.

5. You were defending yourself or someone else

If you were acting in your own defense or defending someone else, then you aren’t criminally liable for elder abuse. This is a common defense if the victim was aggressive or violent, and their aggression and/or violence put someone else at risk. In order to successfully use this defense, we must prove:

1. You had a reasonable assumption that you or someone else was in danger of great bodily harm and;
2. You believed that force was necessary to avoid bodily harm and;
3. You used a reasonable amount of force for the situation.

If you’ve been accused of elder abuse then your first call should be to Law Office of Michael L. Fell at (949) 585-9055. We offer a free legal consultation to let you know what your options are.