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 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 Legislature has enacted CA Penal Code section 368 making elder abuse a crime with potentially severe consequences. If you are convicted, you could face up to 364 days in county jail for a misdemeanor elder abuse conviction. However, a felony conviction may result in harsher punishment. That is why it is imperative for you to hire an experienced elder abuse lawyer.
At Wallin and Klarich, our elder abuse attorneys have over 40 years of experience in successfully defending those charged with elder abuse. With offices all throughout Southern California, our lawyers are familiar with the judges and procedures in each court.
Call us today at (877) 466-5245 to receive expert legal advice about your case. Be sure to read on to learn more about elder abuse laws so that you can be fully informed about your charges.
Why Hire Wallin & Klarich?
The success of 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 elder abuse. 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 your freedom. Call us today for immediate help on your case.
For more information on elder abuse laws, read below or simply pick up the phone and speak to one of our skilled attorneys 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 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. This Penal Code section also covers those who are considered dependent adults in the sense that they are unable to care for their own physical or mental health.
A person can be found guilty of elder abuse in California depending upon your relationship to the elder person. The burden of proof placed on the prosecution will be different based upon your relationship to the alleged victim. If you are not a caregiver or custodian of the elder adult, your conduct giving rise to the elder abuse charge must be willful or intentional. This means that you must have intentionally or purposefully injured an elder adult.
If you are a caregiver or custodian of the elder adult, such as a nursing home employee, your conduct giving rise to the elder abuse charge must be either willful or criminally negligent. Failing to follow normal 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 a number of defenses that an elder abuse attorney at Wallin & Klarich can raise on your behalf. These 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. Each of these defenses can be raised depending upon the facts of your individual case. Be sure to consult a California elder abuse attorney at Wallin & Klarich 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 laws 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 are confronted with accusations of elder abuse, it is essential that you contact an experienced elder abuse attorney who is 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.