It can be charged as a felony or misdemeanor.
When you think about elder abuse, you likely think about an older person being physically abused or neglected. While this is unfortunately a common type of abuse that many elderly Americans face, it is not the only type of abuse that can lead to criminal charges in California. Under California law, elder financial abuse can be charged if you steal from an elderly person or a dependent adult, or if you mismanage or neglect the personal finances of an elderly or dependent person who is under your care.
Elder financial abuse includes a number of financial crimes under the California Penal Code, such as theft, embezzlement, identify theft and other forms of fraud. It can include anything from taking cash, checks, jewelry or valuables to more complicated plots to have an elderly person sign over their retirement savings, property or other assets. Under this law, it is a crime to commit financial abuse against a person age 65 or older or a “dependent adult” aged 18 to 64.
The state of California takes the crime of elder financial abuse seriously, because older and dependent Californians are particularly vulnerable to exploitation. Elder financial abuse can be charged as either a felony or a misdemeanor. For misdemeanor elder financial abuse, the penalties include up to 364 days in county jail and a fine of up to $1,000. For felony elder financial abuse, the penalties include anywhere from two to four years in state prison and a fine of up to $10,000. Felony elder financial abuse also qualifies as a crime for the purposes of California’s three strikes law, if the crime involved a burglary. Because the potential penalties for this crime are so severe, it is incredibly important that you contact an experienced elder abuse attorney in Los Angeles, CA as soon as possible if you have been charged with elder financial abuse.
One of the key factors impacting your case will be your relationship with the alleged victim. If you are not a caregiver or custodian, then the prosecutor must show that you acted willfully or intentionally — in other words, you must have targeted the victim. But if you are a caregiver or custodian of the elderly person or dependent adult, such as an employee at a long term care facility or a family member providing care, then the prosecutor only has to show that your actions were negligent or willful. That means that your actions were below the normal standard of care, which is a much lower burden of proof for the prosecution. A skilled elder abuse attorney in Los Angeles, CA can help explain the difference in what the prosecution will have to prove based on your relationship with the alleged victim.
If you have been charged with elder financial abuse, you will need a top notch elder abuse attorney. In Los Angeles, CA, the Chambers Law Firm can help ensure that you get the best possible outcome for your case. Our team of attorneys and professionals will aggressively defend you against elder abuse charges and will fight for your rights and freedom. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
