ELDER ABUSE – OVERVIEW

Because elder persons may be particularly vulnerable to exploitation, the California Legislature has sought to protect elder persons from victimization by punishing elder abuse.

Under California Penal Code section 368(c), any person who willfully causes or permits unjustified physical pain or mental suffering to an elder person is guilty of elder abuse.  An elder is defined as anyone who is at least 65 years old.  This section also applies to people who have a legal duty to care for the elder, such as personal caretakers or nursing home employees.

Depending on the circumstances, elder abuse must be either willful or criminally negligent; thus, a person who accidentally or mistakenly injures or endangers an elder in a non-criminally negligent way has not committed elder abuse.  Also, because elder abuse requires that the alleged victim be at least 65 years of age, if the alleged victim is not 65 years old or older, elder abuse has not occurred, though the defendant may still be criminally liable under other penal code statutes.

Depending on the circumstances, punishment ranges from fines and county jail time to up to seven years in state prison.  (California Penal Code section 368(b)(3)(B), (c)).

If you or someone you know has been accused of elder abuse, you need an experienced Southern California  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.