Elder abuse charges are taken very seriously in California. If you are facing allegations, it is important to understand the laws, potential penalties, and available defense strategies. A conviction can lead to severe legal consequences, including jail time, fines, and damage to your personal and professional reputation.
Knowing your rights and how to respond to these charges can make all the difference. Contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation.
What Qualifies as Elder Abuse?
Under California Penal Code 368, elder abuse is defined as causing physical, emotional, or financial harm to someone aged 65 or older. The law covers a wide range of conduct, including:
- Physical Abuse: Inflicting harm through assault, battery, or neglect.
- Emotional Abuse: Intimidation, threats, or verbal mistreatment that causes mental suffering.
- Financial Abuse: Fraud, theft, or coercion used to exploit an elderly individual’s assets.
- Neglect: Failing to provide necessary care, resulting in harm or risk to the elder’s well-being.
Is Elder Abuse a Misdemeanor or a Felony?
Elder abuse can be charged as either a misdemeanor or a felony, depending on the severity of the offense and the circumstances of the case.
Misdemeanor Elder Abuse Penalties
- Up to one year in county jail
- Fines up to $6,000
- Court-mandated probation
- Community service or counseling
Felony Elder Abuse Penalties
- Up to four years in state prison
- Additional time if the victim suffered serious bodily injury or death
- Substantial fines
- Restitution to the victim
The severity of the penalties depends on factors such as the extent of harm, prior criminal history, and whether the accused acted with malice or negligence.
Common Defenses Against Elder Abuse Charges
If you have been accused of elder abuse, there are several legal defenses that may be available to you. Some of the most effective strategies include:
- False Accusations: In some cases, misunderstandings or personal disputes can lead to wrongful allegations.
- Lack of Intent: Proving that there was no intent to harm the elderly individual can help challenge the prosecution’s case.
- Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that abuse occurred; a lack of clear evidence can result in a dismissal.
- Consent: In cases of financial transactions, proving that the elder consented to the arrangement can help refute claims of financial abuse.
- Mistaken Identity: If law enforcement made an error in identifying the suspect, this can be a viable defense.
Why You Need a Criminal Defense Attorney
Elder abuse charges carry heavy legal and social consequences. A strong defense strategy requires legal expertise and thorough investigation. An experienced criminal defense attorney can:
- Gather and present evidence to challenge the prosecution’s claims
- Negotiate for reduced charges or alternative sentencing
- Represent you in court and protect your legal rights
If you or a loved one is facing elder abuse charges, seeking immediate legal assistance is crucial. Contact Law Office of Michael L. Fell at (949) 585-9055 to discuss your case and begin building your defense today.