Additional Penalties for Crimes against Elderly or Disabled Persons

If you commit certain crimes against elderly or disabled persons, you may face additional penalties in California. California law recognizes that because elderly and dependent victims are particularly vulnerable, additional protections and harsher penalties are needed to prevent crimes from happening to them.

Battery (PC 242)

California defines battery as any willful and unlawful use of force or violence upon the person of another. ¹ In order to be convicted of battery, the prosecution must prove each of the following elements:

• You touched or applied force upon another (any contact qualifies regardless of whether injury was caused), and
• You willfully meant to apply force

  

A simple battery is a misdemeanor. If convicted of battery you may face up to six months in county jail and up to $2,000 in fines.

However, if convicted of a battery and the victim is an elderly or dependent adult, the punishment you face will be even more severe. ² Battery upon an elderly or dependent person is punishable by up to 364 days in county jail and up to $2,000 in fines.

An elderly person is defined as anyone over 65 years of age and older. A dependent is anyone between the ages of 18 and 64 who has mental or physical limitations, including:

• Being in a psychiatric facility
• Being treated for alcohol or drugs
• Having mental or physical handicaps (e.g. blind victim)

Elder Abuse (PC 368)

If you commit a battery against a victim who is a dependent or 65 years of age or older, you may be charged with both battery and elder abuse.

However, elder abuse is not limited to a scenario where the victim is physically injured. The accused must merely cause the victim pain. Therefore, you could face elder abuse charges if you commit or attempt to commit battery (PC 240), robbery (PC 211), or any other crime against a dependent or elderly person.

California defines elder abuse as the willful or negligent infliction or physical or emotional pain or mental suffering against an elderly person or dependent.

The elements the prosecution must prove are the following:

• You caused physical pain or mental suffering
• The victim was elderly or dependent
• You knew or should have known the victim was elderly or dependent, and
• You willfully or negligently inflicted pain on the person (do not have to personally inflict pain e.g. negligent caretaker puts dependent in harm’s way)

Sentencing for Elder Abuse

The difference between battery and elder abuse is that elder abuse is a wobbler crime, meaning it may be charged as a misdemeanor or a felony.

If charged as a misdemeanor, you can face up to 364 days in county jail and $6,000 in fines. These are additional punishments on top of other charges you potentially may face, such as a battery or assault.

If charged as a felony, you could be sentenced to up to four years in prison and fined up to $6,000. The following additional penalties may apply:

• 3-5 years in prison if great bodily injury is caused
• 5-7 years in prison if the victim dies from the abuse

Call the Criminal Defense Attorneys at Wallin & Klarich

If you or a loved one has been charged with elder abuse or any other crime, you need to contact an experienced Wallin & Klarich criminal defense attorney immediately.

At Wallin & Klarich, our skilled attorneys have been successfully defending clients facing both misdemeanor and felony charges for over 40 years. We will meet with you to review the facts of your case, and plan a defense strategy that will help you get the very best outcome possible.

With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.

<sup>1. [Pen. Code, § 242]↩
2. [Pen. Code, § 243.25]↩</sup>