Whether you have been charged with or accused of elder abuse in California, you likely have questions about what specifically this crime is, how it is charged, and what the penalties can be. Keep reading to get answers to these and other questions, then contact Law Office of Michael L. Fell at (949) 585-9055 if you have been charged with this or another domestic violence charge.

What Constitutes Elder Abuse in California?

According to California law, elder abuse can refer to physical or mental abuse or neglect. Physical abuse could include things like physical and sexual assault, restraining or confining the victim unreasonably or for an unreasonable amount of time, inappropriately administering drugs.

Mental abuse can include verbally threatening or intimidating the alleged victim, isolating them for a prolonged amount of time, or creating an atmosphere of fear that forces them to comply with the alleged abuser.

Neglect can include both physical and mental abuse, such as not administrating medications, not assisting the alleged victim with personal hygiene issues, or not offer adequate nutrition to the victim.

Do Care Custodians Have Special Rules to Follow?

California elder abuse laws hold that care custodians have a higher standard than the average person. They could be convicted of elder abuse if they were willfully or criminally negligent. Negligence is generally much easier to prove because it involves the elder being put into a situation in which they could be caused great bodily injury, while willful conduct is harder to prove because it involves intent.

Can Elder Abuse Also Apply in Cases of Financial Exploitation?

Yes. The elder abuse laws in California allow for primary convictions of crimes such as theft, fraud, identity theft, or embezzlement, with additional consequences if the victim of the crime was an elder adult. This means that if a person embezzles from an elder adult, they will be charged with embezzlement – not elder abuse – in most cases, but are likely to receive a sentencing enhancement for elder abuse.

What Do I Do If I Am Accused of Elder Abuse?

Contact an attorney right away. These are complex charges that often involve unreliable testimony. Just being accused can have a hugely negative impact on your life, especially if you work in a care capacity. Even if you suspect you are only being investigated, talk to an attorney to ensure your rights are protected.

When you contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation, we will listen to your side of the story and provide legal advice on how you can best proceed. Call us now, and let us get to work for you.