Get the Facts: Elder Abuse under California Law

Elder abuse is on the rise in Los Angeles and beyond

Get the Facts: Elder Abuse under California LawAcross the country, including right here in Los Angeles, elder abuse has become an issue of growing significance. According to the National Center on Elder Abuse, there are as many as six million cases of elder abuse in the United States each year, with 11% of those cases occurring in California. While the exact number of elder abuse cases is hard to pin down due to the number of unreported cases, the numbers are staggering, and show the seriousness of the problem in California.

Because this issue is so critical, the California legislature has enacted a tough set of laws designed to discourage anyone from committing the crime of elder abuse. While these laws may have a deterrent effect, they may have the result of unfairly punishing people who have been falsely accused of elder abuse. That is why it is so important to contact a skilled elder abuse attorney in Los Angeles, CA if you have been accused of harming an elder in any way.

Under California law, elder abuse is the knowing, intention or negligent act by a caregiver or other person that causes harm to a vulnerable adult, such as a person age 65 or older or an adult with a disability aged 18 to 64. There are many different potential types of elder abuse, from physical abuse to emotional abuse to sexual abuse, exploitation and neglect. Financial abuse is an increasing type of elder abuse that can lead to criminal charges.

Because elder abuse is taken so seriously in California, it can potentially result in jail time. Depending on the facts of the case, it can be charged as either a felony or a misdemeanor. This is known as a “wobbler,” which means that the prosecutor can choose to charge a defendant with a misdemeanor or a felony based on the facts and on the defendant’s criminal history. If it is charged a misdemeanor, it could result in up to a year in county jail and/or fines of up to $6,000. If it is charged as a felony, it could lead to up to four years in county jail.

There are many potential defenses to a charge of elder abuse, including that you have been falsely accused, or that another person committed the alleged abuse. If you have committed a form of elder abuse, we can work collaboratively with the district attorney’s office to reach the best possible plea deal. This is the advantage of working with a seasoned elder abuse attorney in Los Angeles, CA who has previous experience as a prosector. While no outcome is guaranteed, we know how the system works, and can often achieve favorable results for our clients.

At the Chambers Law Firm, we will fight for your rights and your freedom. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn more about how we can help you if you have been charged with elder abuse or a related crime.

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