The prosecutor does not need to prove that actual harm occurred
With greater access to medical technology and life-saving medical procedures, Americans are living longer than ever before. While this is fantastic news, it also means that our ever-growing numbers of elderly Californians are often left vulnerable to potential elder abuse at the hands of caregivers. Elder abuse can take many forms, from financial abuse to emotional abuse to sexual assault. Under California law, it can be charged as either a felony or a misdemeanor, depending on the potential harm to the alleged victim.
One aspect of elder abuse charges that can be confusing to many people is that the prosecutor does not actually have to prove that an elder was seriously harmed. Instead, for a felony elder abuse case, he or she only has to prove that great bodily harm or death could have occurred. According to an elder abuse attorney Los Angeles, CA, the specific elements that the prosecutor must prove are as follows:
- the defendant willfully or with criminal negligence either (a) personally subjected an elder to unjustifiable physical pain or mental suffering or (b) allowed another person to do so;
- your conduct occurred under circumstances that were likely to produce great bodily injury or death, and;
- you knew or reasonably should have known that the alleged victim was an elder (65 years or older).
The element related to great bodily injury or death can be confusing, because while the first element discusses unjustifiable pain or suffering, the second one discusses injury or death that could occur. Under California law, you can be convicted of felony elder abuse if it can be demonstrated that you willfully or negligently caused an elder unjustifiable physical pain or mental suffering — as long as it is shown that the elder was in a situation where he or she could have suffered a great bodily injury or death. He or she doesn’t necessarily have to suffer that injury or die — all the prosecutor has to show is that it was possible based on your conduct. As an elder abuse attorney Los Angeles, CA can explain, this opens up the door to the prosecutor providing evidence of all of the possible consequences of your behavior.
For example, if you removed non-slip rugs in the elder’s home because you were annoyed with him or her and wanted him to fall and get hurt, that could be an example of your conduct creating a situation that was likely to produce great bodily harm or death. Even if the elder never fell, you were creating a situation where he or she could have done so. Similarly, if you stopped giving him his necessary medicine, that could also cause significant injury or death. The prosecutor doesn’t have to prove injury — only that your actions created circumstances that could lead to great bodily injury or death.
Of course, there are numerous potential defenses to these charges. Your elder abuse attorney Los Angeles, CA could argue that you removed the rugs to clean the floors, and simply hadn’t put them back yet. He or she could also provide evidence that you got mixed up on the medicines and did not intentionally withhold any medication. Having a skilled elder abuse attorney Los Angeles, CA who understands the law can be particularly helpful in mounting a defense in these cases.
If you have been charged with elder abuse in Los Angeles or the surrounding areas, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation. We will work with you to put together the strongest possible defense to California elder abuse and related charges, giving you peace of mind throughout the process.
