Orange County Elder Abuse Attorney
California PC 368 – Elder Abuse Laws and Defense
Elder abuse is a touchy subject throughout California: The thought of abusing an elderly person angers many Americans, making it especially difficult for those who are not guilty of their crimes to receive a fair trial. Although there are a number of dangerous offenders out there, there are also a number of others facing charges for these types of offenses who are the victims of grave misunderstandings.
No one wants to hear why a relatively able-bodied person would need to defend themselves against an old lady, or any other excuse for that matter, but it does happen.
Facing charges for elder abuse? Contact us today to receive a free case evaluation with our Orange County elder abuse lawyer.
The best way to defend yourself against an elder abuse charge is to know the law that governs your offense: California Penal Code 368. Those facing charges are encouraged to contact a skilled defense lawyer they trust to obtain a free case evaluation. A thorough investigation by a skilled legal mind will help uncover flaws in the prosecution’s case as well as any options you have available.
What is PC 368?
PC 368 is California’s Penal Code that governs elder abuse law. Abuse is a general term that is used to describe a number of different instances involving persons that are 65 years old or older. If prosecutors are able to prove that any of the following forms occurred, they may be able to convict you.
- Physical: The most commonly known form of elder abuse, physical, is when a person inflicts injury or pain upon a senior. Hitting, pushing, or throwing things at an elderly person are considered physical violations.
- Emotional: Although less known, emotional violations are far more common by senior caregivers. These situations occur when a person takes action against a senior that belittles, shames, or negatively affects their emotional state.
- Endangerment: This occurs when a person 65 years old or older is knowingly placed in a situation where their safety is in danger. For seniors who need full-time care, this can occur when a caregiver leaves them in a public place or fails to move them from a single position after long periods of time.
- Financial fraud: When a person uses a senior to exploit their finances in some way. An example would be if a caregiver redirected a senior’s social security checks to their own bank account.
California Penalties for Elder Abuse
This particular offense is commonly referred to as a “wobbler offense" or PC 368. This means that prosecutors assigned to your case may choose to pursue a felony or a misdemeanor against you, depending upon different factors. Those factors include whether or not you have a history of committing criminal offenses and the facts surrounding your current situation.
Instances where the attacker struck out physically are often charged as felonies while emotional, endangerment, and financial exploitation vary from case to case.
If convicted of a misdemeanor offense, you may be ordered to serve up to 1 year in jail and pay a $1,000 fine. If convicted of a felony, you could serve up to 4 years in prison.
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