Criminal Defense Blog
As with all other vulnerable populations, California severely punishes crimes against elders and dependent adults. An elder is anyone who is at least 65 years of age. A dependent adult is anyone who is between 18 and 64 years old and has physical or mental limitations that restrict his or her ability to carry out normal activities or protect his or her rights. If you face charges of elder abuse, you face a harsh punishment and you should not let another day go by without contacting a California elder abuse defense attorney.
To convict you of elder abuse and neglect under PC 368(c), the prosecutor must provethe following three elements:
If the victim sustains great bodily injury, the court may add 3 years to your sentence, depending upon the age of the victim.
• 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 or between 18 and 64 years old and has a physical or mental limitation that restricts his or her ability to carry out normal activities; AND
• You knew or should have known that the victim was at least 65 years old or a dependent adult at the time of the alleged abuse
If you are a care custodian of an elder or dependent adult, the prosecution must prove the following three elements to convict you:
• While having care or custody of the alleged victim, you willfully or negligently caused the victim’s injuries or placed the victim in a dangerous situation likely to cause injury
• The alleged victim was at least 65 years old or between 18 and 64 years old and has a physical or mental limitation that restricts his or her ability to carry out normal activities; AND
• You knew or should have known that the victim was at least 65 years old or a dependent adult
The crime of elder abuse in California is a “wobbler,” meaning that it can be punished as a misdemeanor or felony, depending upon the circumstances of your case, such as the age of the victim and the severity of his or her injuries.
If convicted of misdemeanor elder abuse, you face up to one year in county jail, and a fine of up to $6,000, or both a fine and imprisonment. If convicted of felony elder abuse, you face imprisonment in state prison for up to 4 years. If certain circumstances are present, the court may impose a harsher punishment for elder abuse. For example, if the victim sustains great bodily injury, the court may add 3 years to your sentence, depending upon the age of the victim. If the victim dies from your abuse, the court will add at least 5 years to your sentence.
Wallin & Klarich has an impressive record of successfully defending our clients against elder abuse charges for over 40 years. Our years of experience have allowed us to familiarize ourselves with all possible defenses to an elder abuse charge.
When you retain us, we will diligently conduct all discovery on your case. This investigation includes preparing a summary of all relevant facts of your case and interviewing all witnesses related to the alleged elder abuse. We will gather all evidence that is potentially favorable to your case. With this legal knowledge, we will prepare an effective defense strategy to help you stay out of jail. We will make tireless efforts to convince the prosecutor that he or she will be unable to convict you of elder abuse.
When facing charges of elder abuse, you should have the best possible legal representation and an attorney who will fight for your freedom. You deserve to be defended by a Wallin & Klarich criminal defense attorney who will aggressively fight for your rights. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.
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