Elder Abuse Law in California – Penal Code 368 PC

California Elder Abuse Defense Lawyers

Allegations of elder abuse are among the most serious and emotionally charged criminal cases prosecuted in California.

Under California Penal Code 368, elder abuse includes not only physical harm, but also emotional abuse, neglect, abandonment, and financial exploitation of an elder or dependent adult.

These cases are aggressively investigated and prosecuted—often involving family members or caregivers—and can result in incarceration, substantial fines, restraining orders, and lifelong consequences.

California Family Code 6211 plays a central role in determining whether an alleged offense qualifies as domestic violence.

Even well-intentioned caregivers can face criminal charges arising from misunderstandings, accidents, or false accusations. If you are under investigation or charged with elder abuse, early legal representation is critical.

Your best hope for a favorable outcome is with a highly experienced criminal defense attorney at Cron, Israels & Stark in Los Angeles. To schedule a consultation, call (424) 372-3112 or contact us here.

What Is Elder Abuse Under Penal Code 368?

California Penal Code 368 makes it a crime to willfully cause or permit an elder or dependent adult to suffer unjustifiable physical pain, mental suffering, or financial harm, or to place them in a situation where their health or safety is endangered.

An elder is any person aged 65 or older. A dependent adult is someone with physical or mental limitations that impair their ability to carry out normal activities or protect themselves.

You can be charged even if you did not personally inflict harm, but allowed abuse to occur while having care or custody of the victim.

California Penal Code 473 sets penalties for forgery offenses prosecuted under California Penal Code 470.

Elements the Prosecutor Must Prove

To convict someone of elder abuse under PC 368, the prosecution must prove:

The victim was 65 years or older or a dependent adult
You knew or should have known the victim's age or condition
You willfully caused or permitted unjustifiable physical pain or mental suffering
Your conduct occurred under circumstances likely to endanger the victim's health or life

Importantly, the elder need not suffer serious injury—merely placing them at risk is sufficient.

Common Types of Elder Abuse Cases

Physical Abuse

Includes hitting, pushing, restraint, neglect, deprivation of food or medication, abandonment, or sexual abuse.

Emotional or Mental Abuse

Includes intimidation, isolation, humiliation, threats, or verbal harassment causing mental suffering.

Financial Elder Abuse

Includes theft, embezzlement, forgery, identity theft, misuse of funds, or coercing financial decisions.

Caregiver Neglect

Failure to provide basic necessities such as food, shelter, hygiene, or medical care.

Many cases arise from family disputes, caregiving stress, or misinterpretation of medical conditions.

Caregiver Elder Abuse Allegations

Caregivers—whether professional or family members—are frequently charged under PC 368. Prosecutors may allege criminal negligence, meaning conduct that created a substantial risk of serious injury or death.

Examples include:

Failure to administer prescribed medication
Leaving an elder unattended in unsafe conditions
Ignoring serious medical needs

Even unintentional conduct can lead to charges if prosecutors claim it was negligent.

Penal Code 368 Is a “Wobbler” Offense

Elder abuse may be charged as either a misdemeanor or a felony, depending on:

The severity of the alleged abuse
Whether the injury occurred
The defendant's criminal history

Misdemeanor Elder Abuse Penalties

Up to 1 year in county jail
Fines up to $6,000
Informal probation
Counseling and restitution

Felony Elder Abuse Penalties

Up to 4 years in state prison
Fines up to $10,000
Formal probation
Mandatory counseling and restitution

If the victim suffered great bodily injury, sentence enhancements apply, and the offense may count as a strike under California's Three Strikes Law.

Elder Abuse and Domestic Violence

Elder abuse is often charged alongside domestic violence, particularly when the alleged victim is a spouse, parent, or family member.

These cases may proceed even without the victim's cooperation, relying on medical records, photographs, or third-party witnesses.

Defenses to Elder Abuse Charges

Elder abuse cases are complex and fact-specific. Common defense strategies include:

False Allegations

Some accusations arise from family disputes, misunderstandings, or mental health conditions affecting the alleged victim.

Accident or Medical Condition

Injuries may result from falls, illness, or aging—not abuse.

Lack of Willfulness

PC 368 requires intentional or negligent conduct—not accidents or reasonable caregiving decisions.

Self-Defense

Elders can still act aggressively. Reasonable self-defense may apply.

Insufficient Evidence

Prosecutors often rely on assumptions rather than proof.

Why Early Legal Defense Matters

Elder abuse investigations often involve:

Law enforcement
Adult Protective Services (APS)
Medical professionals
Social workers

Early legal representation can:

Prevent charges from being filed
Limit the investigation scope
Challenge exaggerated claims
Reduce felony charges to misdemeanors
Protect professional licenses and family relationships

Speak With a California Elder Abuse Defense Lawyer

If you are accused of elder or dependent adult abuse under Penal Code 368, do not speak with police or investigators without counsel. These cases move quickly—and the consequences are severe.

Cron, Israels & Stark represents clients throughout Los Angeles County in elder abuse and domestic violence cases.

Our attorneys understand the sensitive nature of these allegations and how to defend them effectively and discreetly.

📞 Call (424) 372-3112 for a free, confidential consultation and immediate legal guidance.

Elder Abuse