Orange County Defense Attorney Helps Client Avoid Jail Time Following Accusations of Elder Abuse (PC 368(c), PC 240, PC 242)

One of our outstanding Wallin & Klarich criminal defense attorney recently helped his client avoid jail time following accusations of elder abuse, assault, and battery. Our attorney obtained this favorable result after conducting extensive negotiations with the prosecutor.

If convicted of all charges, our client faced up to 16 months in county jail and up to $1,000 in court fines. Additionally, our client faced a three-year restraining order that would have barred him from any contact with the alleged victim.

“Physical violence is never the answer to a confrontation or argument, however, sometimes, justice does not require a criminal conviction when all of the circumstances are taken into consideration.”

Our client was charged with elder abuse, assault, and battery following an altercation with a family member who was allegedly withholding our client’s medication. After conferring with our client, our attorney met with the district attorney and suggested an alternative form of punishment that served the best interests of both sides. After months of skillful negotiations, Mr. Moffatt convinced the prosecutor to allow our client to plead guilty to a minor charge of disturbing the peace under PC 415 and to complete a 10-week anger management class.

If you are confronted with accusations of elder abuse, it is essential that you contact the experienced elder abuse defense attorneys at Wallin & Klarich. Our skilled team of attorneys is familiar with all of the elements that the prosecutor will need to prove in order to convict you of elder abuse. To convict you of elder abuse, the prosecutor must prove the following:

• You willfully caused unjustified physical pain or mental suffering to the victim or allowed another to do so
• The victim was at least 65 years old; AND
• You knew or should have known that the victim was at least 65 years old at the time of the alleged physical confrontation

The criminal defense attorneys at Wallin & Klarich have over 40 years of experience successfully defending clients accused of elder abuse. Our attorneys know all of the defenses to a PC 368(c) charge and can assert one of the following defenses on your behalf:

Lack of intent

You may not be convicted of elder abuse if you did not willfully cause unjustified physical pain or mental suffering to the victim. For example, if you lost your balance, fell on the victim, and injured him or her, the prosecutor cannot convict you of elder abuse.

Lack of knowledge that the victim was at least 65 years old

If you could not have reasonably known that the victim was at least 65 years of age, then you may have a valid defense to a charge of elder abuse. For instance, if the alleged victim appeared younger than 65 and you had no reason to suspect that he or she was at least 65 years old, then you may not be convicted of elder abuse.

Self-Defense

This defense may release you from criminal liability if all 3 of the following elements are satisfied:

• It was reasonable to believe that you or another person were in imminent danger of suffering injury

• You believed that immediate force was necessary to avoid the threat; AND

• You used no more force than necessary to defend against the threat