Elder abuse is a serious criminal charge and it requires an experienced elder abuse attorney. The right attorney can find the right defense strategy for your specific case. If you choose to work with Attorney Fell, you can count on aggressive, smart, and effective defense strategies. Keep reading about some of the potential defense options, then call Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
You Can Show a Lack of Intent
In the case that the alleged victim was not in your care or custody, the prosecutor must be able to prove that you willfully caused physical pain or suffering to the victim. This is important because it means that if you accidentally hurt the alleged victim, whether physically or psychologically, it does not meet the legal definition of elder abuse.
You Can Show Your Act Was Not Criminally Negligent
Another option is to show that you did act with reasonable care and that you are not criminally negligent. Note that California law requires that if the alleged victim was in your care or custody, you are not guilty of elder abuse unless you were criminally negligent, which means to have acted in a way that made it highly likely that the alleged victim would be injured.
You Can Show That Elder Abuse Laws Do Not Cover the Victim
California elder abuse laws require that the victim was at least 65 years old when the abuse happened. Even if the alleged victim is now over 65, if they were not at the time of the alleged offense, then they are not covered. However, there are a few exceptions, such as dependent adults, regardless of age.
You Can Show that You Were Acting in Self Defense or Were Acting to Protect Another Person
If you were defending yourself or someone else from physical harm, then you are not criminally liable for the actions you took. If the alleged victim was physically aggressive or violent, and their behavior put you or someone else at risk, then you must show that your fear of imminent danger was reasonable, that you believed that force was necessary to avoid the threat, and that you did not use more force than was required.
There Are Other Defense Options – Let Us Help You Find the Right Defense
If you are facing charges of elder abuse, you should talk to an attorney to find out your best defense option. If you are guilty and there is a wealth of evidence proving your guilt, then a plea bargain may be the best option. Law Office of Michael L. Fell will fight for the best possible outcome for your case, no matter the specifics. Call us now at (949) 585-9055 for your free legal consultation.