California Penal Code includes a very specific definition of what they consider elder abuse. It involves abuse, either emotional or physical, as well as neglect, endangerment, or financially exploiting a person that’s over 65. In most cases, the perpetrator is the caretaker of an elderly person who’s not able to take care of themselves.
When elder abuse happens, it’s tragic. That said, the sad truth is that sometimes false allegations are made – especially when the person charging and the person being charged have a complicated relationship. If you’ve been charged with elder abuse in California, then we hope you’ll seek out a criminal justice attorney right away. At Chambers Law Firm, we are in a unique position to help you. Read on to learn more and then contact us at 714-760-4088.
The penalty for a conviction can be serious
Elder abuse is what’s known in California as a wobbler offense. This means that in some cases it’s charged as a felony and in others it’s charged as a misdemeanor. A conviction of misdemeanor elder abuse can lead up to one year in jail but a felony conviction can lead to up to seven years in jail. The extent of the alleged abuse is one factor that will be considered but it’s not the only thing.
Don’t let your past be dragged through court
In addition to the specific abuse you’re accused of, the prosecutor is going to take into account a number of other factors to decide how to charge you. They’re going to consider your criminal history, which can push them from charging a misdemeanor to charging it as a felony. At Chambers Law Firm, we will fight to prevent this from happening. What you’ve done in the past shouldn’t affect what you’re charged with today.
There are a number of potential legal defenses
The best way for your criminal defense attorney to represent you will depend on your case. One of the most important things that the prosecution must prove is that the abuse or the injury that took place was purposeful or deliberate. We may be able to show that it was accidental, in which case it was not a criminal act.
We may also fight to show that the abuse never took place at all, and that the injuries are more likely just a result of the alleged victim aging. We may argue that the abuse may have taken place but that you weren’t the one who did it. There are many ways we may prove this, depending on your case and what our experts have to say.
Choose an elder abuse defense attorney who will fight these charges for you
There’s no way around it: These are serious charges that potentially come with serious consequences. At Chambers Law Firm we will work tirelessly for the best possible outcome. Whether that’s negotiating for a plea bargain and creative sentencing that keeps you out of jail, or it’s fighting the charges altogether, we are here for you. Call us at 714-760-4088 to learn more.
