35+ Years Criminal Defense Experience in California

awards

Types of Elder Abuse and Neglect California PC 368(c) Prosecution

To help you become more familiar with the prosecution of elder abuse neglect charges in California under Penal Code 368 (c), our California criminal defense attorneys want to share with you what the prosecution needs to prove in order to convict you of this offense.

Elder abuse and neglect charges under California Penal Code 368(c)

In order for you to be convicted California Penal Code section 368(c), the elder abuse and neglect prosecution must prove the following:

  1. You willfully caused unjustified physical pain or mental suffering to the victim or allowed another to do so;
  2. The victim was at least 65 years old;  and
  3. You knew or should have known that the victim was at least 65 years old at the time of the alleged abuse

*The same rules apply if the victim is considered a dependent adult.

Elder abuse and neglect charges for a care custodian

Under California PC 368(c), the prosecution needs to prove several factors in order to find you guilty of elder abuse. Wallin & Klarich's team of Elder Abuse attorneys in Orange County have over 30 years of experience representing clients facing Elder Abuse charges in California. Call us today at (877) 466-5245 for immediate assistance. We will be there when you call.
Are you a caregiver charged with elder abuse?

In order to be convicted if the alleged victim was in your care or custody, the elder abuse prosecution must prove the following:

  1. While having care or custody of the alleged victim, you willfully or negligently caused the alleged victim’s injuries or placed the victim in a dangerous situation likely to cause injury  AND
  2. The alleged victim was at least 65 years old  AND
  3. You knew or should have known that the alleged victim was at least 65 years old

*The same rules apply if the victim is considered a dependent adult.

Elder adult and dependent adult

An elder adult is anyone who is at least 65 years old.

A dependent adult is anyone who is between 18 and 64 years old and has physical or mental limitations that restrict his or her ability to carry out normal activities or protect his or her rights.

Willful conduct or criminal negligence

The California Penal Code sections regarding elder abuse prosecution require either willful or criminally negligent conduct. Willful means that you engaged in abuse either intentionally or on purpose. For example: If you purposely hit or kick an elder adult, this conduct if considered willful and can give rise to an elder abuse and neglect charge. Anyone can be convicted of elder abuse if their conduct is willful, regardless of whether or not they were a care custodian of the elder adult.

However if you are a care custodian of the victim, the law places upon you a higher duty of care in regards to your treatment of the elder adult. The prosecution must show that your conduct was at the very least criminally negligent. This means that your actions (or lack thereof) must create a substantial risk of great bodily injury or death, such that a reasonable person would know that taking this type of action would make the harm likely to occur. For example: Constantly failing to give an elder his or her medication may be considered criminally negligent and can give rise to an elder abuse and neglect charge.

Contact Wallin & Klarich today

elder abuse attorneys in California
Contact an experienced attorney at Wallin & Klarich today

With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville and West Covina, Wallin & Klarich has successfully represented California residents facing elder abuse and neglect charges for over 30 years. Drawing from extensive experience, our talented defense lawyers will thoroughly review your case and develop an effective defense strategy specifically tailored to your needs. Our goal is to provide you with the best legal representation possible and help you win your case.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 or visit us on our website at www.wklaw.com. We will be there when you call.

Was This Article Helpful? Please Share it.

Contact Us

Get Help Now

If you or a loved one have been accused of a crime, now is the time to contact us.
  • This field is for validation purposes and should be left unchanged.

Related Testimonials

    "

    I would like to sincerely thank you for helping me with obtaining my Certificate of Rehabilitation. I now realize the importance of obtaining a law firm that has years of experience in criminal law. The way the package was organized and presented to the presiding judge was very impressive to me. The person that tried … Continue reading “Certificate of Rehabilitation and Governor’s Pardon Testimonials”

    View All
    "

    My brother was convicted of second degree murder in Los Angeles County. He was sentenced to 16 years to life in state prison. I hired Stephen Klarich from the law firm of Wallin and Klarich to work on his appeal. Our family was very worried and fearful he would spend the rest of his life … Continue reading “PC 1237 | Appeals Testimonials”

    View All
    "

    ARSON: “My husband and I received a shock recently when our son was arrested for starting a fire at a state park. But our shock turned into horror when he was charged with felony arson. We immediately hired the Law Firm of Wallin & Klarich. After a review of the evidence, Wallin & Klarich had … Continue reading “Client Testimonials: Arson”

    View All
attorneys

Contact Us Now

If you or a loved one have been accused of a crime, this is the time to contact us.

  • This field is for validation purposes and should be left unchanged.
awards
Get In Touch
Contact Info
wklaw
17592 Irvine Blvd. Tustin, CA 92780 (714) 730-5300
(877) 466-5245
Counties

Los Angeles County

Los Angeles | Long Beach | Glendale | Santa Clarita | Lancaster | Palmdale | Pomona | Torrance | Pasadena | West Covina | Carson | Santa Monica | Whittier | Lakewood | Redondo Beach | Arcadia | Diamond Bar | Glendora | Cerritos | La Mirada | Rancho Palos Verdes | Culver City | Manhattan Beach | Claremont | Beverly Hills | San Dimas | Walnut | Calabasas | Hermosa Beach | El Segundo | Palos Verdes Estates | Malibu

Orange County

Santa Ana | Anaheim | Irvine | Huntington Beach | Garden Grove | Orange | Fullerton | Costa Mesa | Mission Viejo | Westminster | Newport Beach | Buena Park | Lake Forest | Tustin | Yorba Linda | San Clemente | Laguna Niguel | La Habra | Fountain Valley | Anaheim Hills | Placentia | Rancho Santa Margarita | Aliso Viejo | Cypress | Brea | Stanton | San Juan Capistrano | Dana Point | Laguna Hills | North Tustin | Seal Beach | Ladera Ranch | Laguna Beach | Laguna Woods | La Palma | Coto de Caza | Los Alamitos | Rossmoor | Midway City | Las Flores | Villa Park

Riverside County

Riverside | Moreno Valley | Corona | Temecula | Murrieta | Jurupa Valley | Indio | Hemet | Menifee | Perris | Eastvale | Cathedral City | Palm Desert | Lake Elsinore | Palm Springs | La Quinta | Coachella | San Jacinto | Beaumont | Wildomar | Banning | Norco | Desert Hot Springs | Blythe | Rancho Mirage | Canyon Lake | Calimesa | Indian Wells

San Bernardino County

San Bernardino | Fontana | Rancho Cucamonga | Ontario | Victorville | Rialto | Hesperia | Chino | Chino Hills | Upland | Apple Valley | Redlands | Highland | Colton | Yucaipa | Montclair | Adelanto | Twentynine Palms | Loma Linda | Barstow | Yucca Valley | Grand Terrace | Big Bear Lake | Needles

San Diego

San Diego | Oceanside | Escondido | Carlsbad | Vista | San Marcos | Encinitas | Solana Beach | El Cajon | Santee | Poway | La Mesa | Del Mar

Ventura

Oxnard | Thousand Oaks | Simi Valley | Ventura | Camarillo | Moorpark | Santa Paula | Port Hueneme | Fillmore | Ojai

Copyright © 2018 Wallin & Klarich - All rights reserved
California Criminal Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. The contents of this website may contain legal advertising. If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. This web site is not intended to solicit clients for matters outside of the state of California.
X