California Penal Code 368 PC defines elder abuse as the physical, emotional, neglectful, or financial mistreatment of individuals aged 65 or older. Recognizing these laws helps protect elders and offers reassurance to families and individuals facing accusations.

Elder abuse is a versatile crime that can be charged as either a misdemeanor or a felony, with penalties including up to four years in jail. Understanding these potential consequences can help individuals and families feel more cautious.

If the victim suffered a great bodily injury (GBI), the penalties are more severe. Elder abuse can encompass more than physical harm alone. Recognizing these risks can motivate individuals to seek legal guidance early.

Understanding elder abuse laws is crucial when facing charges or protecting a loved one. Our California criminal defense attorneys have prepared a comprehensive review below to help you navigate your legal options.

What Exactly is Elder Abuse?

To understand elder abuse laws, you must first understand what constitutes an elder. Penal Code 368 says, "Any person who knows that someone is an elder or dependent adult and willfully causes or permits them to suffer, or inflicts unjustifiable physical pain or mental suffering, is guilty of a crime."

California defines an elder as someone who is 65 years or older. A related crime often linked with elder abuse is criminal threats under Penal Code 422 PC. In the context of PC 368, which addresses elder abuse, the term "abuse" can take various forms:

• Physical abuse, such as causing injury to an elder;
• Emotional abuse, including isolating an elder from others;
• Neglect, like endangering an elder by placing them in a hazardous situation;
• Financial abuse, including exploitation, embezzlement, and fraud.

You may also be charged with abuse if the dependent adult has physical limitations, mental disabilities, or resides in an inpatient or 24-hour healthcare facility.

What Are the Legal Grounds for Elder Abuse?

PC 368 outlines the reasons that can lead to an elder abuse charge. You may be charged with elder abuse, often considered a domestic violence crime, if you commit any of the following acts:

• Intentionally causing or allowing an elder to suffer.
• Causing unwarranted physical harm or mental anguish to an elder;
• Causing a health-related injury to an elderly person; or
• Putting the elder or dependent adult in a situation that risks their health.

Penalties under PC 368 for Elder Abuse

Physical abuse of elders or dependents can be classified as either a misdemeanor or a felony, depending on the nature of the abuse. The penalties for a misdemeanor elder abuse are:

• Up to one year in county jail.
• A penalty of up to $6,000,
• Victim restitution.

The penalties for felony elder abuse include:

• Up to four years in a California state prison
• A fine of up to $10,000, and
• Victim restitution.

Enhanced Penalties

Elder abuse can carry harsher penalties based on the victim's injury severity and age. If the abuse causes serious bodily harm, you might face an extra prison term of:

• Three years if the victim is under age 70
• Five years if the victim is older than 70.

Additionally, an Illegal immigrant convicted of elder abuse may face deportation, as it is classified as a crime involving moral turpitude.

Non-Physical Elder Abuse

In many cases, elder abuse isn't physical. Non-violent forms of elder abuse can carry equally severe penalties. Under PC 368, anyone who intentionally causes an elder or dependent adult to suffer is considered guilty of elder abuse.

PC 368 explicitly prohibits causing unjustifiable mental suffering to elders and dependent adults. It also forbids financial abuse, including theft, embezzlement, forgery, and fraud.

Penalties for elder abuse differ based on the situation. A first-time non-violent elder abuse offense is classified as a misdemeanor. Repeat offenses can result in up to one year in county jail and a fine of $2,000.

The penalties for financial elder abuse vary based on the amount of money involved. For instance, a non-caretaker who commits such abuse faces fines of up to $1,000 if the amount stolen is $950 or less.

If the value exceeds $950, the fine may reach $10,000. In either case, the violation can result in up to one year in county jail. If false imprisonment is involved, the penalties are more serious. Committing false imprisonment against an elder or dependent adult can lead to two, three, or four years of imprisonment.

Defenses Against Elder Abuse Charges

Any violation of PC 368 can lead to jail time. Given the serious consequences, it's essential to consult a criminal lawyer to develop a legal defense. Common defenses include arguing that the act was not willful, that there was no elder abuse, or that the allegation is false.

To hold a PC 368 charge, the act must have been committed willfully or through criminal negligence. It may be possible to argue that the senior's injuries were accidental. We have successfully had elder abuse charges dismissed by demonstrating that our client did not intentionally commit abuse.

Additionally, we argued that our client was unaware of the victim's age or dependent status. You should also recognize that the victim is an elder or a dependent. In other cases of elder abuse, we have demonstrated that our client was falsely accused or that no abuse took place.

Our seasoned California criminal lawyers have dedicated years to defending individuals accused of abuse. We have effectively negotiated to reduce or dismiss elder abuse charges for various clients.

You can also collaborate with the prosecutor to prevent formal charges from being filed early on through a process known as prefiling intervention. For further assistance with elder abuse allegations, reach out to Cron, Israels & Stark in Los Angeles, CA.