What is the statute of limitations for an elder abuse charge?

It depends. For a charge of elder abuse that does not involve any type of theft or embezzlement, Penal Code section 801.6 controls and allows the charge to be brought within five years from the date of the offense. For elder abuse charges involving theft or embezzlement, Penal Code section 803(c)(11) controls and provides that the statute of limitations is five years from the date the theft or embezzlement is discovered, which as a practical matter can result in much longer statute of limitations period.

 

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