Elder Abuse Lawyers in California – Penal Code 368 PC
Do You Need An Elder Abuse Attorney?
The California Legislature has declared that crimes against elders and dependent adults deserve special protection because these groups may be mentally or physically impaired and unable to protect themselves against abuse. To prevent abuse, the California Legislature enacted an elder abuse PC, known as the CA Penal Code section 368, making elder abuse a crime with potentially severe consequences. If you are convicted under elder abuse PC section 368, you could face up to 364 days in county jail on a misdemeanor elder abuse conviction. However, a felony conviction may result in harsher punishment. That is why you must hire an experienced elder abuse PC lawyer.
At Wallin & Klarich, our elder abuse attorneys have over 40 years of experience successfully defending those charged with elder abuse pc crimes. With offices throughout Southern California, the experienced lawyers at Wallin & Klarich are familiar with the judges and procedures in area courts.
Call Wallin & Klarich at (619) 305-0829 to receive expert legal advice about your case.
Read on to learn more about elder abuse laws so that you may be fully informed about California elder abuse pc charges.
Understanding California Elder Abuse PC 368
California’s elder abuse pc covers a wide range of criminal offenses, and the problem of elder abuse in Los Angeles is perceived to be so vast that the Los Angeles County District Attorney’s Office has an elder abuse division specializing in the investigation and prosecution of elder abuse pc cases.
According to California’s elder abuse pc laws, the crime of elder abuse can take different forms, including:
- physical abuse;
- mental abuse;
- or financial fraud.
In California, elder abuse pc laws say that it is a criminal offense for any person to willfully allow or cause a dependent individual or an elder adult to suffer unjustifiable pain. In other words, California’s elder abuse pc says that the individual doesn’t necessarily have to directly abuse the dependent individual or elderly adult to be charged. For example, if you are a caregiver and you knowingly allowed the abuse to occur, you could be charged under California’s elder abuse pc laws.
Under California’s elder abuse pc laws, physical abuse is defined as causing injury or pain to an elderly victim or dependent person. It can include bruises, abrasions, burns, or fractures. It can also include sexual abuse, abandonment, abduction, or neglect.
Mental abuse can includDo You Need an Elder Abuse Attorney?
The California Legislature has declared that crimes against elders and dependent adults are deserving of special protection because these groups may be mentally or physically impaired and unable to protect themselves against abuse. To prevent this type of behavior, the California Leg
Why Hire Wallin & Klarich?
Our elder abuse defense firm has helped us achieve the highest of merits, including a 5 out of 5 AV rating on Lawyers.com, a 10 out of 10 rating on AVVO.com, and an A+ rating from the Better Business Bureau.
For over 40 years, the elder abuse defense lawyers at Wallin & Klarich have helped many people like you who have been charged with an elder abuse pc crime.
Here are just a few testimonials provided by some of our previous clients who wanted to share their stories:
Call Wallin & Klarich Today
You can place your trust in Wallin & Klarich. Our knowledgeable California elder abuse lawyers are committed to defending your rights and freedom when you have been charged with an elder abuse pc crime. Call us today for immediate help on your case.
For more information on elder abuse laws, read below or pick up the phone and speak to one of our skilled elder abuse pc experts today.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation.
Can I be held criminally liable for mistreating the elderly?
Under California elder abuse pc (Penal Code section 368 c.), any person who willfully causes or permits unjustified physical pain or mental suffering to an elder adult is guilty of elder abuse. An elder adult is anyone who is 65 years or older. California’s elder abuse pc section also covers those considered dependent adults who cannot care for their own physical or mental health.
Under California’s elder abuse pc laws, a person can be found guilty of elder abuse in California, depending upon their relationship with the person. The burden of proof on the prosecution will differ based on your relationship with the alleged victim. If you are not a caregiver or custodian of the adult, your conduct giving rise to the elder abuse charge must be willful or intentional. That means you must have intentionally or purposefully injured an elder adult under California’s elder abuse pc law.
If you are a caregiver or custodian of an elder adult, such as a nursing home employee, your conduct giving rise to the elder abuse charge must be either willful or criminally negligent according to California’s elder abuse pc law. Failure to follow usual standards of care in treating and caring for the elderly can be considered criminally negligent behavior.
Defenses to a charge of elder abuse
There are several defenses that an elder abuse attorney at Wallin & Klarich can raise on your behalf.
Elder abuse pc defenses may include:
- lack of intent;
- lack of negligence;
- the victim was not at least 65 years old;
- you did not know that the victim was at least 65 years old;
- and self-defense.
These elder abuse pc defenses may be raised depending on the unique facts of your case. Be sure to consult a California elder abuse attorney to learn more.
Elder abuse sentencing and punishment
The sentencing and punishment for an elder abuse conviction in California depends on whether the offense was charged as a misdemeanor or felony. A misdemeanor elder abuse conviction is punishable by up to 364 days in county jail and can include a fine of up to $6,000. A felony elder abuse conviction is punishable by 2, 3, or 4 years in county jail.
The court can even add enhancements to increase your sentence if the victim is seriously injured or dies from the abuse. In some aggravated felony elder abuse cases, a conviction can act as a strike on your criminal record.
Elder Abuse PC FAQs
To help you understand the various aspects of an elder abuse charge, our elder abuse attorneys at Wallin & Klarich have provided answers to some of the most commonly asked questions in our FAQ section. There, you can find answers to questions like:
Who is considered an elder adult or dependent adult?
What are some examples of elder abuse in California?
Does elder abuse in California include financial exploitation?
Where do I find an elder abuse attorney in California?
If you or a loved one has been confronted with accusations of elder abuse or changed under California’s elder abuse pc, you must contact an experienced elder abuse attorney familiar with such cases.
With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, and West Covina, Wallin & Klarich has successfully represented clients facing elder abuse and neglect charges for over 40 years. We have the knowledge and the know-how to win your case.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 or fill out our intake box. We will be there when you call.