Defending Against California Elder Abuse Charges

Understanding the elements of the crime is key to defending against these charges

Defending Against California Elder Abuse Charges

As our population ages, more Americans than ever before are making the difficult choice to arrange care for our parents and grandparents. This may mean nursing homes, residential care centers, in-home care, or even taking care of our older relatives ourselves.

These situations can be challenging for all involved. One of the unfortunate by-products is that reports of elder abuse have grown as the number of elderly people needing care increases. Elder abuse can take many forms, including physical, emotional or sexual abuse, neglect, or financial endangerment.

California has strict laws relating to elder abuse. When a person is charged with this crime, they may face serious penalties — including incarceration. That is why it is so important that anyone who is facing this type of charge have an aggressive elder abuse lawyer in Los Angeles, CA. While we are all invested in protecting our older loved ones from abuse, false allegations not only harm those accused — they prevent the true perpetrators from being caught.

To prove that a person committed the felony crime of elder abuse, a prosecutor must demonstrate that they:

  1. 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;
  2. The conduct occurred under circumstances that were likely to produce great bodily injury or death, and
  3. The individual knew or reasonably should have known that the alleged victim was an elder.

For misdemeanor elder abuse, the prosecutor must demonstrate that a person:

  1. 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,
  2. Knew or reasonably should have known that the alleged victim was an elder (i.e., a person 65 years of age or older), and
  3. The conduct occurred under circumstances that may have endangered the life or health of the elder.

Under the law, an elder is defined as a person 65 years of age or older.

The elements of this crime are critical, because they provide the key to defending against this type of charge. As an initial matter, the act must be done either willfully — which means deliberately or on purpose — or with criminal negligence — which means more with more than ordinary carelessness or an error in judgement. For purposes of this law, a person acts with criminal negligence if they act so unreasonable that their actions show a disregard for human life.

In addition, the conduct must have occurred under “circumstances likely to produce great bodily harm.” This does not mean that the elderly person actually suffered harm — only that they were in a situation where they were likely to suffer such harm.

According to an experienced elder abuse lawyer in Los Angeles, CA, elder abuse can be charged as either a misdemeanor or a felony under California law. As a misdemeanor, it is punishable by informal probation, up to one year in county jail, a fine of up to $6,000, restitution to the victim, and/or counseling. For felony elder abuse, the penalties include formal probation, between two and four years in California state prison (or longer if the victims uffers an injury), up to $10,000 in fines, restitution, and/or counseling. The severity of these punishments makes it important to be able to defend against the charges.

There are a number of ways to fight back against California elder abuse charges. First, your elder abuse lawyer in Los Angeles, CA could argue that you lacked the requisite intent — that is, your actions were not willful or criminally negligent. For example, if you were helping your elderly mother to the bathroom and she slipped and fell, that would be considered an accident — not elder abuse. Alternatively, your attorney could argue that there is insufficient evidence to convict you. If the only witness to the alleged crime is the elder, whose memory may be faulty, then that may not be sufficient to prove that you committed the crime “beyond a reasonable doubt.”

If you have been charged with elder abuse, the Chambers Law Firm can help. We represent clients on a range of charges throughout Los Angeles and the surrounding areas. Contact our firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.

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