Elder Abuse – CPC Section 368

In California, elder abuse is defined as abuse directed at anyone over 65 years of age. Penal Code Section 368 states the many forms of elder abuse and the situations that give rise to this charge. There are several different forms of elder abuse including physical or emotional abuse, elder neglect or endangerment. Emotional abuse can take the form of ridicule or isolation of the elderly individual. A Los Angeles elder abuse defense lawyer will describe to you the prosecution’s burden depending on the charges that you face.

Prosecution’s Burden of Proof

To be found guilty of elder abuse in California, the prosecution must successfully prove several elements. For example, Penal Code Section 368 requires the prosecution to establish that you willfully or negligently subjected an elder to physical or mental pain. A Los Angeles elder abuse defense lawyer will explain to you that willfully means that you commit the act on purpose, or deliberately. Acting negligently means that you act unreasonably with a blatant disregard for human life. In addition, the prosecution must prove that your actions took place in circumstances that were likely to result in great bodily injury or death and you either knew, or reasonably should have known, that the individual was an elder. The California Penal Code defines great bodily injury as either a significant or substantial injury.

Penalties

Depending on whether the elder abuse is charged as a misdemeanor or felony will determine the potential penalties that you face. A Los Angeles elder abuse defense lawyer will explain to you that the prosecution has the discretion to choose whether to charge you with a felony or misdemeanor based upon the facts of your case and whether you have an existing criminal record. Misdemeanor penalties for elder abuse include a maximum fine of $6,000, informal probation, a maximum of one year in jail, and possible counseling. Felony elder abuse includes more severe penalties like two to four years in prison, and up to a $10,000 fine.

Potential Defenses

A Los Angeles elder abuse defense lawyer may recommend several defenses for your case including arguing the injury occurred as a result of an accident or insufficient evidence exists to convict you of the alleged crime.

Elder abuse is a complicated area of law and you need an experienced Los Angeles elder abuse defense lawyer like Daniel Cota to represent you. Mr. Cota has the experience and knowledge to defend against an elder abuse charge and argue all relevant defenses. Therefore, call Daniel Cota today at (800) 351-6860 to arrange your free consultation.