ELDER ABUSE – PROSECUTION

Under California Penal Code section 368(c), in order to be convicted of elder abuse, the prosecution must prove the following elements:

1.    The defendant willfully caused unjustified physical pain or mental suffering to the alleged victim,

2.    The alleged victim was at least 65 years old,

3.    When the defendant acted, the defendant knew or should have known that the alleged victim was at least 65 years old.

If the alleged victim was in defendant’s care or custody, the prosecution must prove the following to show elder abuse:

1.    The defendant, while having care or custody of the alleged victim, willfully caused the alleged victim’s injuries, or willfully placed the alleged victim in a dangerous situation likely to cause injury,

2.    The alleged victim was at least 65 years old,

3.    When the defendant acted, the defendant knew or should have known that the alleged victim was at least 65 years old,

4.    The defendant was criminally negligent in causing or allowing the alleged victim to be harmed or endangered.

Criminal negligence is more than ordinary carelessness.  It requires that the defendant’s actions pose a substantial risk of great bodily injury or death, and a reasonable person would know that acting in such a way would create that risk.

Under the law, a person becomes one year older when the first minute of his or her birthday has begun.

If you or someone you know has been accused of elder abuse, you need an experienced Los Angeles defense attorney who will carefully review the facts and the law to give you the best representation possible.  At Wallin & Klarich, we have over 30 years experience defending a variety of criminal matters, including elder abuse.  We will carefully review the evidence against you to secure the best possible outcome.  Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.