Defenses to Elder Abuse in California– PC 368
California takes elder abuse charges very seriously. If you are convicted for elder abuse under California Penal Code section 368, you could be facing jail time. For this reason, it is important that you contact an experienced criminal defense attorney to assist you in your elder abuse case.
Prosecution of Elder Abuse
In order to be convicted for elder abuse, the prosecution must prove that:
• You willfully caused unjustified physical pain or mental suffering to the victim
• The victim was 65 years or older; AND
• You knew the victim was 65 years or older
If you are in the care or custody of an elder, you can also be charged with elder abuse if you willfully or negligently caused the victim’s injuries or placed the victim in a dangerous situation that could cause injury.
Defenses to Elder Abuse
The following is a list of some of the defenses you may have available to you if you are charged with elder abuse:
(1) Lack of intent – If the victim was not in your care or custody, you must have acted willfully or intentionally. If you did not act willfully or intentionally in such cases, then you may have a complete defense to elder abuse.
(2) Lack of criminal negligence – If the victim was in your care or custody, you must have acted willfully or with criminal negligence. Criminal negligence requires more than mere carelessness, it requires that you act carelessly with a disregard for human life or safety. If you only acted carelessly, but not with criminal negligence, your attorney can help you raise this defense.
(3) Victim was not 65 years old – In order for you to be convicted under California Penal Code section 368, the victim must have been over 65 years of age. If the victim was under 65, you cannot be convicted of elder abuse. However, it is important to note that you may still be charged for other related crimes, such as battery.
(4) Lack of knowledge that victim was 65 years old – You must also know, or reasonably should have known, that the victim was 65 years of age in order to be convicted of elder abuse. Lack of knowledge of the victim’s age can be a defense to elder abuse.
(5) Self-defense or defense of others – If the elder acted aggressively or violently, and you acted in self-defense or in defense of another, you cannot be held criminally liable for elder abuse. In order for this defense to eliminate your liability, it must have been reasonable for you to believe that you or another person were in imminent harm and that the force you used was necessary to prevent the harm. You also must not have used more force than was necessary under the circumstances.
Elder Abuse Attorney in California
The attorneys at Wallin & Klarich have over 40 years of experience defending clients against criminal accusations of elder abuse. If you or a loved one has been charged with elder abuse under California Penal Code section 368, it is important that you seek the assistance of a qualified and knowledgeable attorney. We understand that allegations of elder abuse can have serious consequences in your life and can help you present the best possible defense available in your case.
We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will get through this together.
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