Anyone caring for an elder person, or another vulnerable adult, can find himself or herself in a compromised position. Law enforcement and prosecutors respond aggressively to suspected physical and financial elder abuse.
Any person who knowingly, intentionally, or negligently causes harm or serious risk to a vulnerable adult can be charged under several statutes related to elder abuse in California.
Pursuant to California Penal Code Section 368, it is illegal for any person to willfully:
- cause or allow any dependent adult or elder to suffer;
- inflict unjustifiable mental suffering or physical pain;
- cause or allow the health or person of a dependent adult or elder in their care to be injured;
- allow a dependent adult or elder in their care to be placed in any situation where their health or person is in danger; or
- commit theft, embezzlement, forgery or fraud of an elder or dependent adult.
If you are under investigation or have been charged with any type of elder abuse, it is critical to speak with a knowledgeable criminal defense attorney immediately. Emotions among family members, the community, or in the workplace often run high, serving to inflame or complicate the situation. An experienced attorney will help you manage the immediate legal and personal impacts of such a charge.
Elder & Dependent Adult Abuse Criminal Penalties
An allegation of Elder and Dependent Abuse may result in a conviction for either a misdemeanor or a felony, depending on the specific circumstances of the case. The potential penalties are laid out in Penal Code 368:
- 368(b)(1) Causing physical pain or mental suffering under circumstances likely to produce great bodily injury or death
- A misdemeanor or a felony
- Serve up to 1 year in the county jail, or up to 4 years in state prison
- From 3 to 7 additional years if the elder or dependent adult actually suffers great bodily injury or death
- 368(c) Causes or permits the infliction of emotional pain or mental suffering under circumstances not likely to produce great bodily injury or death
- A misdemeanor, serve up to 1 year in the county jail
- 368(d) Someone who is not a caretaker of an elder or dependent adult commits theft, embezzlement, forgery or fraud
- A misdemeanor or a felony
- Serve up to 1 year in the county jail, or up to 4 years in state prison
- 368(e) Someone who is a caretaker of an elder or dependent adult commits theft, embezzlement, forgery or fraud
- A misdemeanor or a felony
- Serve up to 1 year in the county jail, or up to 4 years in state prison
Additional penalties may include restitution to victims or their families, probation, and counseling.
How Our Law Office Can Help Defend an Elder & Dependent Adult Abuse Criminal Charge
David Stein will immediately listen to you to learn what happened and advise you about your critical first steps. He has strong relationships with Orange County prosecutors and will work on your behalf with them. Mr. Stein has represented many individuals in similar circumstances.
Although elder abuse does unfortunately occur, it does not mean that you are responsible. Unlawful arrests are often made under the presumption that if abuse has happened, it is the main caregiver who is at fault. Mr. Stein will investigate the circumstances, determine if the prosecutor has sound and sufficient evidence, present you with options, and work aggressively to mitigate the impact on your life. His skill at navigating the Orange County criminal law system has earned him trust and distinction as a criminal attorney.
Call Orange County Elder & Dependent Adult Abuse Defense Lawyer, David A. Stein in Irvine, CA, 7 days a week at (949) 445-0040 or contact us online by confidential email to schedule a no-cost confidential consultation.
