Elder Abuse Defense
Elder abuse is an intentional act or failure to act that causes or creates harm to a person 65 years and older. Types of elder abuse include physical, sexual, psychological and emotional abuse, as well as abandonment, neglect and loss of dignity. Elder abuse is usually inflicted by a caregiver or a person an elder trusts and is both a public health problem and a human rights violation.
In the state of California Penal Code section 368 PC, an elderly person is anyone over 65 years of age. Under this statute elder abuse is a misdemeanor when the abuse was not likely to cause great bodily harm (substantial physical injury) or death. A misdemeanor conviction can result in up to one year in prison. Elder abuse is a wobbler offense when the abuse was likely to cause great bodily harm or death, which means it can be charged as either a misdemeanor or felony. If convicted of a felony, the defendant faces prison time of up to 4 years in a state prison.
Elder abuse is a serious problem in the United States and as California’s population continues to age, criminal cases are on the rise. If you work at a nursing home or are charged with elder financial abuse against a family member, call a defense attorney immediately. The facts of the case can be the difference between a guilty and not-guilty verdict.
Defending Against Elder Abuse Financial Charges
The circumstances of an elder abuse case can vary. At times, normally loving caregivers can become overwhelmed with the demands of an elderly person and lash out physically. Or they might refuse the elderly person communication with others, thinking it was for the elder’s protection. Even someone who does not directly cause the abuse, but who knowingly allows the elder abuse to occur, can be charged.
However, financial elder abuse (or “senior fraud”), including theft, embezzlement, forgery, financial fraud, and identity theft, is different. Even the taking of $951, or forgetting to pay an elder’s bills on time, can result in a long prison sentence, hefty fines, and restitution to the victim.
In order to convict a person of elder fraud, the prosecution must prove all of the elements of the specific theft or embezzlement, with the added factor that the alleged victim is an elder. If the prosecutor cannot successfully prove these elements, then you are entitled to an acquittal. And there are common defense strategies your lawyer can use to argue your case. These include a lack of criminal intent, mistaken identity, and false accusations or wrongful arrest.
If you are accused of elder abuse in Orange County, call the Law Offices of David A. Stein and schedule a confidential consultation today.
What You Need to Do
Individuals facing financial elder abuse charges are often innocent victims who have been falsely accused. And some believe the court will drop the charges. If you have been charged with a criminal offense, contact a criminal defense attorney who has experience with Elder Abuse cases. The right attorney will explain all your options based on the specifics of your case and the best possible outcomes. An even better attorney will also never leave you wondering what is next and give you the most effective defense possible.
