Most people think of physical assaults on elderly persons when they hear the term "elder abuse." Physical abuse is one sort of abuse, but it is the only one that can result in a claim of elder abuse. It frequently constitutes a financial crime. Keep reading to find out more about this crime and then contact Law Office of Michael L. Fell at (949) 585-9055 if you are facing this charge or another type of domestic violence charge.

It all comes down to the connection when it comes to elder abuse

Your relationship with the victim will be crucial if you have been accused of elder abuse in the state of California. If you are not their caretaker or custodian, it is the responsibility of the prosecution to establish that you acted intentionally or willfully, which necessitates that you had a specific objective in mind.

The prosecution must show that your actions were either criminally negligent or willful if you are a person's custodian or caregiver, such as a family member who is responsible for meeting their needs or a worker at the victim's nursing home. This indicates that you could merely deviate marginally from what are regarded as "normal standards of care." An accusation like this is quite simple for a prosecutor to prove, and they don't even need to show that you did it on purpose.

Then there are the financial institutions like banks and credit unions, which are obligated by California law to report any individual they suspect of elder financial abuse. They risk receiving fines of up to $5,000 if they fail to report it. Naturally, this implies that they have a motivation to denounce someone even if they aren't certain that they are behaving illegally.

If elder abuse is proven, there may be serious consequences

Elderly people are undoubtedly more susceptible to various crimes, especially financial crimes. Therefore, prosecutors have the option of filing a felony or misdemeanor prosecution for elder financial abuse. A misdemeanor conviction carries a maximum sentence of 364 days in county prison and a maximum fine of $1,000. A felony conviction carries a maximum sentence of four years in state prison and a maximum fine of $10,000.

An accomplished criminal defense lawyer can assist

A criminal defense lawyer can assist you regardless of the circumstances, whether you've been accused of elder abuse or you simply have cause to think that you're under suspicion. We offer a free consultation when you contact Law Office of Michael L. Fell at (949) 585-9055. We can examine your situation, present you with options, and advise you on the best course of action.

Even while each elder abuse case is unique, they all have one thing in common: you need a skilled lawyer on your side.