It is not a surprise to most people to learn that elder abuse is against the law in California. However, many people do not realize what the crime really means. They may think of a person taking advantage of an elderly person in a financial sense, or of the elderly person being physically abused. However, California is much broader than just these two examples.

For example, verbal abuse can be considered elder abuse in certain circumstances. Keep reading to learn more about this situation. Then contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation if you have been accused of or charged with elder abuse or another type of domestic violence charge.

How verbal abuse can be considered elder abuse

The law states that elder abuse is the willful act of causing unjustified physical pain or mental suffering on a person who is 65 or older and is dependent on the person committing the acts. Various acts can fall under this classification, including physical abuse, neglect, emotional abuse, or financial theft or fraud. Verbal abuse could also fall under this definition. This would involve making abuse statements that humiliate, belittle, or threaten the elder.

The be considered elder abuse, the relationship to the victim is relevant. It is only elder abuse if the person who injured the elder party is their caregiver or custodian. This would include a nursing home employee or the child of the elder. The act must be willful or negligent – i.e. not an accident. A person can also be guilty of elder abuse even if they were not the one who abused the victim but were in charge of supervising or protecting them.

Evidence used to prove verbal abuse

One of the issues that prosecutors face when trying to get a conviction on a verbal abuse charge is proving it. There is almost never physical evidence. Instead, the prosecutor will need witnesses who can testify about the abuse and what the alleged victim went through. The prosecutor may also talk to an expert witness who spotted the abuse.

Potential consequences for elder abuse convictions

If you are convicted of elder abuse then you could be facing either a misdemeanor or a felony, depending on how the prosecution decided to charge you. A first-offense misdemeanor can result in up to a year in jail and $6,000 in fines while a felony conviction can lead to four years in state prison and up to $10,000 in fines. In some cases, the judge may also require restitution to be paid and counseling to be completed.

As you can see, these are serious potential consequences. You do not want to risk being sent to jail, which is why you should contact a criminal defense attorney who can help defend you. Reach out to Law Office of Michael L. Fell at (949) 585-9055 today for a free legal consultation.