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Elder abuse is a serious offense. In California, Penal Code Section 368 outlines specific protections for vulnerable elders and dependent adults. A conviction under this statute could result in up to seven years in jail, along with steep fines. If you’re facing accusations under PC 368, you need an experienced criminal defense lawyer who can help protect your rights and seek to minimize the potential consequences.
The Law Offices of Justin E. Sterling provides aggressive, strategic criminal defense for clients in situations like yours. Call us today to schedule a free consultation with an elder abuse defense lawyer and explore your legal options.
What Constitutes Elder Abuse Under PC 368?
California Penal Code 368 makes it a crime to abuse or neglect someone who is 65 years of age or older, or a dependent adult who cannot care for themselves. The law is intended to protect vulnerable adults, including those with physical or mental disabilities, from harm. Charges may arise in situations involving caretakers, family members, or professionals in positions of trust.
Under PC 368, elder abuse can involve:
- Physical harm or assault
- Emotional or psychological abuse
- Neglect or abandonment
- Financial exploitation or theft
- False imprisonment
Note that the alleged victim doesn’t have to suffer a serious injury for prosecutors to file charges. California elder abuse laws allow the state to bring criminal charges based on the intent to cause harm or reckless behavior that creates a risk of harm.
Police officers and prosecutors often err on the side of filing charges when complaints come from mandated reporters, such as medical professionals, social workers, or caregivers. Certain negligent or reckless mistakes that put an elder or dependent adult at risk can be treated as criminal acts under PC 368. However, ordinary accidents that don’t create a risk of harm generally are not.
Types of Elder Abuse
Elder abuse charges can arise in a range of scenarios, and the type of conduct alleged will affect how the case is charged and prosecuted. Some of the most common forms include:
- Physical elder abuse – This includes any act that causes bodily harm, such as hitting, pushing, and improper use of restraints. Even minor injuries, such as bruises or scratches, can result in criminal charges if law enforcement believes they were intentional.
- Emotional abuse – Verbal threats, humiliation, and isolating an elderly person from friends and family may be emotional abuse and cause profound mental suffering.
- Neglect – Failing to provide necessary care, like food, hygiene, or medical attention, can be considered a form of criminal neglect. This is especially common in caregiver or nursing home settings.
- Financial elder abuse – Misusing an elder’s money, forging checks, pressuring them to change legal documents, identity theft, and using financial accounts without permission are all examples of financial exploitation.
Each of these allegations has specific legal elements. The prosecution must prove all of them beyond a reasonable doubt to secure a conviction.
Misdemeanor vs. Felony Elder Abuse Charges
Elder abuse under Penal Code 368 is a wobbler offense in California. That means it can be charged as either a misdemeanor or a felony depending on the circumstances, which may include:
- The nature and severity of the alleged elder abuse
- Whether the victim suffered physical injury or financial loss
- The defendant’s prior criminal history
- Whether there was an ongoing pattern of abuse
Misdemeanor elder abuse is more likely when there is no serious physical injury or when the accused has no prior record. In contrast, felony elder abuse charges involve cases with significant harm, high financial losses, and intentional violence or repeated abuse.
The decision to file misdemeanor or felony charges rests with the prosecutor. However, early intervention from a skilled elder abuse defense attorney at The Law Offices of Justin E. Sterling can sometimes help reduce charges or work toward an alternative resolution.
Penalties for an Elder Abuse Conviction
A conviction under Penal Code 368 can lead to serious criminal and personal consequences.
Misdemeanor penalties may include:
- Up to one year in county jail
- Fines up to $2,500 (or more for repeat offenses)
- Mandatory counseling or community service
- Probation with court-imposed conditions
Felony penalties may include:
- Two to four years in state prison (or up to seven years if the victim suffers great bodily injury)
- Extra prison time for victims over 70 years old with great bodily harm
- Fines of up to $10,000
- Restitution to the victim
Beyond these penalties, a conviction can affect your professional licenses, employment, immigration status, and reputation. A proactive defense strategy can mitigate the damage and preserve your legal options, so consult a criminal defense lawyer immediately.
Common Defenses in California Elder Abuse Cases
Every elder abuse case is different. The right defense depends on the facts and which charges were filed, and a skilled defense attorney will prepare a customized strategy to protect your rights. However, there are several common defenses to elder abuse charges in California:
- Lack of intent – Elder abuse charges require proof that the accused acted willfully or with criminal negligence. If the harm resulted from an accident, miscommunication, or a good-faith effort to provide care, this can be a strong defense.
- False allegations – Disputes over money, family conflicts, or misunderstandings sometimes lead to false or exaggerated accusations. A thorough investigation can reveal potential motives for fabrication.
- Consent or authorization – In financial abuse cases, the accused may have had legal authority to manage the elder’s funds or acted with their consent.
- Insufficient evidence – Prosecutors must prove each element of the offense beyond a reasonable doubt. If the evidence is weak, your criminal defense lawyer can challenge it during plea negotiations or at trial.
- Mental capacity and perception – Some cases involve older individuals with dementia or cognitive issues. This makes it difficult to rely on their testimony. Addressing the issue is especially important in emotionally charged or complex allegations.
The Importance of Hiring a Criminal Defense Attorney
If you’ve been accused of elder abuse under California Penal Code 368, don’t handle the situation alone. Even a well-intentioned conversation with the police can be used against you later in court.
The Law Offices of Justin E. Sterling offers over 20 years of experience defending clients charged with complex crimes, including elder abuse. As a former Los Angeles County public defender with strong knowledge of local courts and prosecutors, Attorney Justin E. Sterling can help you navigate the system, uncover what really happened, and advocate for reduced or dismissed charges whenever possible.
Whether your case involves allegations of physical violence, financial impropriety, or neglect toward an elder, having a criminal defense lawyer means your side of the story will be heard and your rights protected.
Contact Us Today For a Free Case Review
If you’re facing allegations of elder abuse in Southern California, you deserve qualified legal representation to fight for you. The Law Offices of Justin E. Sterling is a hard-hitting criminal defense law firm ready to protect your rights and reputation. Contact us today for a free consultation with a proven elder abuse defense attorney.
