Elder abuse is considered a serious offense in California, punishable as a felony or a misdemeanor depending on the details of the case. When charged as a felony, the offender faces a penalty of two to four years in state prison. A misdemeanor conviction can result in a year in county prison.
In California, elder abuse refers to a wide range of offenses committed against people aged 65 and over. Physical abuse, mental abuse, neglect or endangerment, and/or financial exploitation are examples of these crimes.
A person must have behaved deliberately in order to be charged with elder abuse for negligence or endangerment. To put it another way, he or she must have put the senior or dependent adult in a situation where his or her health or safety is jeopardized on purpose. Keep reading to learn more about how a person can face this charge if they are accused of neglect. Then contact Chambers Law Firm at 714-760-4088 for a free legal consultation with an experienced criminal defense attorney.
What does neglect mean?
When it comes to elder abuse, neglect can take many forms. One sort is refusing to give essential care, such as when a family member or caretaker understands that the elder they are caring for requires an adult diaper change but refuses to do so because he or she is upset with the elder or simply because he or she does not want to.
Perhaps the caregiver is withholding critical medicine from an elderly person, either because he or she is taking it himself or simply because the individual does not want to. The point is that the neglect must be intentional – that is, it must be done on purpose.
There are defense options if you are facing these charges
At Chambers Law Firm we can construct a solid defense to the accusation of neglect since it requires a proving that the behavior was purposeful. It’s certainly conceivable that the claimed neglect or endangerment was unintentional or careless rather than malicious. For example, if a person was weary from working an overnight shift and simply forgot to administer a dose of medicine or was unsure what medication to give, it would not be considered elder abuse because there was no purposeful neglect or harm – it was simply a mistake.
A caregiver may also be unskilled, especially if he or she is a relative rather than a medical professional. In some cases, any neglect might be due to the caretaker’s inability to grasp what he or she should do, rather than purposeful behavior.
You will need an experienced elder abuse attorney if you have been charged with elder abuse. Chambers Law Firm will vigorously defend you against all charges and strive to get the best possible result based on the facts of your case. To book a free first consultation, call 714-760-4088 or email dchambers@clfca.com.
