Elder Abuse: California Penal Code 368

Home » Violent Offenses » Elder Abuse

Elder Abuse

To protect the aged person, California has enacted laws and penalties for anyone that is engaged in abuse of the elderly persons or dependent adults, declaring it as a criminal offense. The aged persons often have weak memory and movement which makes them vulnerable and therefore, the state has implemented laws that can protect these individuals. Elder abuse can occur in many ways, but physical and emotional abuse and financial exploitation are the common abuses that are reported to the authorities.

What is Elder Abuse?

Elder abuse is defined, charged and argued under PC 368. According to this statute

A person who ‘willfully’ inflicts pain, physical abuse, mental suffering or great bodily injury or ‘willfully’ allows the elder or dependent adult to remain in a situation that can cause pain, suffering or health damages, or who commits embezzles, fraud or forgery or falsely imprison the elderly is punishable by law.

Elements of PC 368

Like all criminal offenses, PC 368 has elements of the crime that the prosecutor must prove for conviction. The following are the elements of the crime of elder abuse.

• The victim is 65 years old or older, and the defendant has or should have knowledge of it and;

For Misdemeanor:

• The defendant intentionally inflicted physical pain or mental suffering to the elder person or;
• The defendant acted with criminal negligence to subject the elderly to unreasonable physical pain or mental suffering that may have caused great bodily injury.

For Felony

• The defendant intentionally inflicted physical pain or mental suffering to the elder person or;
• The defendant acted with criminal negligence to subject the elderly to unreasonable physical pain or mental suffering that may have endangered the life or health of elderly.

For Financial Abuse

• Or the defendant committed theft, embezzlement, forgery, or fraud or identity theft concerning property or personal information.
• Or the defendant falsely imprisoned the elderly or dependent adult.

Examples of Elderly Abuse

While, the physical abuse is the most common types of abuse, the examples of elderly abuse include

• Sexual abuse including inappropriate or unconsented touching
• Physical abuse including hitting, slapping, kicking,
• Emotional abuse including yelling, threatening, belittling, swearing or harassing
• Criminal negligence including failure to provide medical treatment when in need, failure to provide basic needs such as food and cleanliness, allowing elderly in dangerous situations.
• Financial abuse including forgery, fraud, theft or using financial information or personal information for monetary or non-monetary benefits.

However, many times these charges are falsely levied on caretakers whether at-home or at the boarding care without any reasonable or significant evidence. Several times, elder abuse charges are used by family members to get back to the other family members, to even the score, or to grab a share of gifts or inheritance. The weak memory of the purported victim or elderly further complicates the case.

If you are or your loved one is in trouble for facing the elder abuse charges, discuss the case with our experience defense attorney at (800) 755-5174. We provide free consultation to the defendants stuck in criminal charges. David S. Chesley’s Law office has its distinct name and reputation throughout the state of California for aggressive and successful defense. Our team of lawyers have worked as part of the legal system in the office of prosecutor, the law enforcement and court in the past which gives a competitive ability to prepare successful defense and present it in the court. We have the know-how of both sides of law which enables to effectively present your side of the story in the court leading to the dismissal of charges or reduced penalties.

Penalties for Elder Abuse

Elder abuse is a wobbler in Californian the law which means it can be charged as a misdemeanor or felony based on the circumstances of the case and previous convictions. The following are the penalties for elder abuse.

Elder Abuse: up to $6000 in fines, up to one year in county jail, up to four years in state or both fines and imprisonment.

Elder Abuse with great bodily injury: up to 3 years for the victim under 70 years and up to 4 years for victim 70 years old or above.

Elder Abuse with death: up to 5 years for the victim under 70 years and up to 7 years for victim 70 years old or above.

Elder Abuse second offense or subsequent offense: $2000 fines and up to one-year jail time in county jail.

Financial Abuse: up to $10, 000 in fines and up to one year in county jail depending on the amount of money or valuable.

Available Defenses:

In our experience of successfully defending hundreds of elder abuse cases, we have almost seen it all. We know that many of the charges are completely baseless and are only intended to harm the defendant. We uncover the facts about the case and bring details that imply that there are not