Elder abuse is a growing crime in the United States, as our population ages and more people are tasked with taking care of their parents, grandparents, aunts, uncles and other loved ones. Under California law, elder abuse can take many forms, including physical abuse, emotional abuse, neglect and endangerment and financial exploitation of anyone aged 65 or older. It can be charged as either a felony or a misdemeanor.
To prove that a person has committed the crime of felony elder abuse, a prosecutor must demonstrate that:
- the person 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;
- his or her conduct occurred under circumstances that were likely to produce great bodily injury or death; and
- the person knew or reasonably should have know that the alleged victim was an elder (65 years or older).
To prove that a person has committed the crime of misdemeanor elder abuse, a prosecutor must demonstrate that:
- the person 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;
- his or her conduct occurred under circumstances that may have endangered the life or health of the elder; and
- the person knew or reasonably should have know that the alleged victim was an elder (65 years or older).
The standards for proving elder abuse under California law are clear. The prosecutor must prove beyond a reasonable doubt that you are guilty of the crime of elder abuse — that you 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. In order to convict you of this crime, the prosecution must be able to show that there is no reasonable explanation for the alleged victim’s injuries other than the fact that you abused her or him.
However, as anyone who works with the elderly knows, it can be incredibly difficult to prove the source of injuries on an older person. A skilled elder abuse attorney in Los Angeles, CA may be able to demonstrate that without corroboration, there is simply nothing linking you to the alleged abuse. Instead, it might just be that the elder is clumsy, has a medical condition or that there is some other reason for the injuries that the elder person has suffered.
An elder abuse attorney in Los Angeles, CA can call an expert witness, such as a doctor who specializes in the treatment of the elderly, to testify that the signs of abuse that the prosecutor claims proves your guilt were actually consistent with something else entirely, such as an accident, illness or disease, or even just old age. An expert witness or another witness, such as a loved one who has regular contact with the alleged victim, may testify that the elderly person suffers from dementia, delusions or paranoia, and that his or her accusations are not credible as a result.
If you have been accused of neglect rather than abuse, an experienced elder abuse attorney in Los Angeles, CA could demonstrate that you have taken care of the elder. Such evidence could include receipts and records from doctor’s visits and prescription drug pick-ups, utility bills and grocery bills to show that you have taken adequate care of the elder and provided for him or her in the best way possible.
A skilled elder abuse attorney in Los Angeles, CA can help defend you against elder abuse charges. At the Chambers Law Firm, we are dedicated to defending our clients against elder abuse and all other criminal charges in Los Angeles and the surrounding areas. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
