Los Angeles Criminal Lawyers Blog

California Penal Code §368 makes it unlawful for any person to commit any type of abuse against a person that is the age of 65 or older. Additionally, it makes it illegal to commit any type of abuse against a person that is considered a dependent adult. A person between the age of 18 and 64 who has physical or mental limitations that restricts the person's normal daily activities.

A person who willfully causes or permits an elderly or dependent adult to be in circumstances or conditions that are likely to produce great bodily harm, or causes them to suffer or inflicts upon them unjustifiable physical pain or mental suffering will be charged under the relevant statute. The person must also have knowledge that the person who is harmed is an elder or dependent adult.

Additionally under the statute, any person who has the care or custody of an elderly or dependent adult and willfully causes or permits them or their health to be injured, will be charged. Furthermore, any caretaker who willfully causes or permits the elderly or dependent adult to be placed in a situation in which his or her health is endangered can be charged with elder abuse in Los Angeles as well.

Under the statute, a person who is convicted may be facing a penalty of up to one year in state prison or up to two to four years in state prison. The final sentence will depend on several factors, including the specific circumstances and facts of the charge and the person's prior criminal history. For example, a person who causes an elderly person to be bruised, and it is a first time offense, will probably face a penalty closer to the lower end of the range of potential consequences. In comparison, a person who causes an elderly or dependent person to suffer severe internal injuries and possible a hospital stay will be facing a must harsher penalty.

Under the statute, certain additional facts will serve to enhance the possible consequences. These factors are called enhancements. If the actions of the person being charged resulted in great bodily injury, or death there will be an additional charge on top of the consequences discussed previously.

For great bodily injury, a person will serve an ADDITIONAL 3 years in prison if the person is under 70 years old, and an additional 5 years in state prison if the person is over 70. For actions that lead to death, the person may serve an ADDITIONAL 5 years in state prison if the person is under 70 years old, and an additional 7 years in state prison if the person is over 70.

The courts take elder abuse quite seriously. It is important to have a knowledgeable Los Angeles Elder Abuse Lawyer who can prepare a powerful argument in your favor that keeps any potential consequences towards the lower end of the sentencing range and possibly leads to a reduction or dismissal of charges.

California Penal Code §368 defines several different forms of abuse against elders that could lead to a conviction. The statute takes elder abuse seriously, because elderly folks are more vulnerable and need to be protected from certain potential harms and abuse.

The statute applies to any person that is the age of 65 or older. The statute also applies to dependent adults. A dependent adult is defined by the statute as "a person between the age of 18 and 64, who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights".

The applicable legal section outlines several different forms of abuse, and a range of potential consequences each may incur. The exact sentence will be determined by the Court, based on the specific facts of the case and the criminal history of the person being charged. When the circumstances under which the crime incurred is particular severe, the penalty will be closer to the harsher end of the spectrum. Similarly, if the person has previously been convicted of elder abuse in Los Angeles, it is likely that they will be serving a higher sentence along the range of consequences in comparison to someone who is being tried for their first offense.

One of the major types of abuse outlined by the statute is fraud or embezzlement directed towards elderly or dependent adults. Any person who violates any statute relating to fraud or embezzlement as described in the California Penal Code section that knows, or should have known that the person at whom the act was directed was an elderly person will be charged under CPC §368.

The potential range of consequences differs based on whether the person who is being charged is a caretaker of the elderly or dependent adult. The statute defines a caretaker as a person who has the care, custody, or control of, or who stands in a position of trust with, an elder or a dependent adult. This can be the attendants at a retirement community, doctors, nurses or even a family member.

A person who have fraudulently acquired either money, labor, or real and/or personal property exceeding the value of $400 will serve anywhere between one year in county jail and 2 to 4 years in state prison and/or a fine up to $1,000. Caretakers who commit abuse that does not exceed $400, will face up to one year in county jail and/or a fine of up to $1,000.

When a person has been charged with elder abuse, the court will not look favorably upon that person, especially when they are in the role of caretaker. The Court's initial perception might not be a good one, and it will be the task of an experienced Los Angeles Criminal Defense lawyer to present a powerful argument that not only change the Prosecutor's assumption, but also leads to a reduction or dismissal of charges.

California Penal Code §368 specifically outlines the crimes and consequences that are committed against elders. The Legislature feels that crimes committed against elders deserve special consideration because elder's are especially vulnerable and needing of special protection. Unlike children, elders and dependent adults may be "confused, on various medications, mentally or physically impaired or incompetent".

Additionally, elders and dependent adults may not be able to report crimes, file charges or testify to any kind of abuse that may be committed against them. For those reasons, the legislature dedicates specific attention to crimes committed against any elders and/or dependent adults, and outlines a specific set of consequences for those that are convicted.

Elder abuse comes in many different forms, and the applicable penal code sections recognizes each as unlawful.

The first is physical abuse. Any kind of physical abuse directed at an elder will be considered abuse. Anyone who willfully inflicts or permits unjustifiable pain will be charged under Penal code §368. This includes, but is not limited to, hitting, slapping, bruising or restraining by any means.

Emotional abuse will be taken as seriously as physical abuse because elderly people are vulnerable and more prone to the emotional and verbal abuse of others. Under the Penal Code, this abuse will be considered as severe as physical abuse and may be charged under PC §368.

Sexual abuse will also be charged under California Penal Code §368. Any kind of non-consensual sexual contact will trigger legal ramifications and will be taken very seriously by the Courts.

Neglect is another form of elder abuse that is quite common. Neglect will be failure to adequately and properly provide food, shelter, health care or protection to an elder by those responsible for those items. Any person who is responsible for the care of an elder puts them in a situation which can cause physical or mental suffering, or for another to take advantage of their vulnerability may be charged with neglect under the applicable statute.

Similar to neglect, anyone who is responsible for the care of an elderly person or dependent adult who then abandons the person will also be considered to have committed abuse under this statute.

Elderly people are also a lot more prone to being exploited financially. Any person who take advantage of an elderly person through means of illegally taking, misusing, or concealing property, assets or funds so that another can benefit will be charged under the statute of elder abuse.

If you have been charged under and elder abuse charge, the prosecutor's must prove that there was abuse beyond a reasonable doubt, just like any other criminal case. The court's take a serious stance on elder abuse and a person who has been charged should seriously consider having an experienced Los Angeles criminal defense attorney on their side to prepare a powerful argument in their favor. It is a fine line as to what constitutes abuse, and can be argued favorably in either direction. The consequences are significant, and it is in the best interest of the person charged to give it the best chance they have to have it reduced.