Elder Abuse Can Be Charged as Several Different Crimes in California

Elder Abuse Can Be Charged as Several Different Crimes in California

It’s crucial that you are aware of the precise definition of elder abuse under California state law if you or a loved one is facing allegations of the crime. There are eleven parts of state law that deal with criminal elder abuse. The legal language that can be perplexing and hard to grasp is avoided in this essay as it explains the nuances of what constitutes elder abuse.

Read on to learn some of the charges that a person can face for elder abuse. If you have been accused of or charged with any of them, contact Chambers Law Firm at 714-760-4088 for a free legal consultation.

Murder (Penal Code 187)

If an elder was killed illegally, maliciously, or while performing another criminal that puts other individuals in risk, a charge of elder abuse may be filed under this article. If found guilty, the offender (also known as the defendant) might receive a sentence of life in prison without the chance of release or twenty-five years to life.

Rape (Penal Code 261)

According to this regulation, forced sexual contact with an elder who is unable of consenting due to mental or physical incapacity constitutes elder abuse. The defendant must not be wed to the victim and must have been aware that the victim was incapable of giving consent in order to qualify under this rule. If the victim is unable to accept or object because they are unable to understand what sex is, it may also constitute elder abuse. Defendants will serve three, six, or eight years in a California state jail if found guilty.

Lewd or Lascivious Acts (Penal Code Sections 288(a), (b)(2), and (c)(2))

This code deals with improper sexual attitudes and practices. Lewd is defined as crass and offensive in a sexual sense, while lascivious is defined as inclined to lustfulness and inciting sexual desire. This is an accusation that arises when someone coerces an elder to engage in or permit specific sexual or lascivious actions by using force, violence, or terror tactics. Depending on the specifics of the offence, possible sentences range from one, two, or three years in state prison and one year in a county jail to five, eight, or ten years in prison and a $10,000 fine.

Sexual Penetration – Penal Code 289

This one should go without saying—forced sexual intercourse takes place against the victim’s will. If the victim is unable to agree due to physical or mental impairments, this offense may be made. Once more, for the accusation to be valid, the defendant must be aware that the victim is powerless to agree. 3, 6, or 8 years must be served in state jail if proven guilty.

Suffering – (Penal Code 368(b)(1)(2)(3))

The criminal must have caused the elderly person bodily or mental anguish in order to be found guilty under this statute. Even if the defendant did not cause the elder’s pain, it may nevertheless apply if they just permitted it. The seriousness of the offense determines the severity of the punishments.

If convicted, the defendant will spend a year in county jail and forfeit a $6,000 fine. If the elder is under the age of 70, the defendant must serve an extra three years in state prison; otherwise, the criminal must serve an additional five years (if the elder is older than 70). Depending on whether the victim was over 70 or not, the criminal faces a five- or seven-year sentence in state jail if they are found guilty of causing the elder’s death.

These are only some of the charges that can arise from elder abuse. If you are facing one of these or another charges, contact Chambers Law Firm at 714-760-4088 for a consultation.

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