Punishment for Elder Abuse in California (California Penal Code Section 368)
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Elder abuse is considered a “wobbler” offense, which means that you could be charged with a misdemeanor or a felony depending on the specifics of the case.
PC 368 is a vast and all-encompassing code that makes it difficult to navigate and easy to misinterpret. Therefore, consulting experienced lawyers who have successfully defended clients in elder abuse cases in California is indispensable if you are being charged with this crime.
What is Elder Abuse? (PC 368)
Under PC 368, when directed at someone who is 65 years old or older, causing or permitting any of the following is a crime:
- Physical abuse and infliction of pain or injury on a senior person.
- Emotional abuse and causing mental suffering through ridicule or isolation.
- Elder financial abuse or exploitation.
- Endangerment through neglect or wilfully entering the dependent adult into a situation that causes health or safety issues.1
Who Can Be Charged with Elder Abuse?
Anyone who is suspected of violating elder abuse laws in California can be charged under PC 368. Some examples of elder abuse include:
- Nursing home doctors, nurses, and other workers who are suspected of causing physical, emotional, or sexual harm to the senior victim.
- Relatives diverting Social Security checks or causing any other financial harm to older and/or senile victims.
- An adult child or spouse deliberately causing physical pain or withholding medication from a parent or spouse.2
Punishment for Elder Abuse in California
The penalties for elder abuse in California are very steep. Facing elder abuse charges can be a stressful and devastating experience for you. Depending on how prosecutors proceed with the case against you, you could be charged with a misdemeanor or a felony if you are accused of committing elder abuse.
Misdemeanor elder abuse penalties include up to one year in county jail and a fine of up to $6,000.
Felony elder abuse is a more serious crime. If you are charged with a felony, you could be facing up to four years in state prison. If the elderly victim has suffered bodily harm, your prison term could be increased by three years for victims under 70 years of age and five years for victims 70 years and older. Similarly, if you are charged with causing a death due to elder abuse, your sentence could increase by five years for victims under 70 years of age and seven years for victims 70 years and older.3
Call the Elder Abuse Attorneys at Wallin & Klarich Today
Elder abuse laws in the state of California are complex. That is why it is important to consult with a skilled elder abuse attorney who has experience handling such cases. There are a few legal defenses that can help you fight these charges. At Wallin & Klarich, our knowledgeable attorneys have been successfully defending our clients accused of elder abuse for over 40 years. We can help you develop a specific strategy to defend you from these charges.
Our offices are conveniently located near you in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville. You don’t have to go through this alone.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.
1. [http://oag.ca.gov/bmfea/laws/crim_elder]↩
2. [http://www.svfreenyc.org/survivors_factsheet_74.html]↩
3. [http://oag.ca.gov/bmfea/laws/crim_elder]↩
