If you’ve been charged with elder abuse then you’re likely frightened. You may wonder what it will mean for your future and what your options are. The truth is that every case is different and the best way to get answers to your specific questions is to get a free case evaluation from Chambers Law Firm by calling 714-760-4088. However, we’ve also rounded up some of the most frequently asked questions about charges of elder abuse.
Is there a statute of limitations for these charges?
It depends on the type of elder abuse you’re charged with. If it didn’t involve embezzlement or any other theft-related charge then the statute of limitations expires five years after the offense. However, for abuse that does involved theft charges, the statute of limitations is five years from the date of that act of theft. In most cases, this can be a much longer statute of limitations.
What does the law mean by “elder”?
According to California law, an elder is someone who is 65 or older. This same elder abuse statute also covers adults between the ages of 18 and 64 who have limitations that prevent their ability to protect their own rights.
Can anyone be charged with elder abuse?
Yes. However, it’s most likely used to go after caretakers. The state defines a caretaker as someone who is in a position of trust or care of an elder.
What counts as elder abuse?
There are a wide range of types of conduct that can be considered elder abuse. They include:
- Willfully neglecting an elder in your care.
- Putting an elder into a situation that could reasonably lead to death or serious injury.
- Harming an elder or inflicting suffering on them.
- Allowing the health of an elder to be put into jeopardy.
- Theft, fraud, and other financial crimes.
- False imprisonment.
If the elder in question dies or has significant injuries as a result of the abuse, then it’s possible to have sentence enhancements.
What are the potential punishments for a conviction?
The answer to this question varies depending on whether the prosecution is charging you with a felony or a misdemeanor. Some factors can also increase sentencing. In the event that you’re charged with a misdemeanor, the maximum jail time is 364 days in county. If you’re charged with a felony, the maximum penalty is likely to be four years but may be as much as 11 years if there are mitigating circumstances.
What do I do if I’m accused of elder abuse?
Contact Chambers Law Firm right away. We are just a phone call away at 714-760-4088 and can offer you the resources and assistance you need. You are not in this alone. Work with a criminal defense attorney who will aggressively defend your rights.
