The elderly are often uniquely vulnerable to abuse, which can lead to the state aggressively prosecuting these crimes.
Elder abuse is considered a serious crime in the United States, and it is a grave crime in California as well. The California penal code makes it a crime to inflict physical abuse, emotional abuse, financial exploitation or neglect and endangerment against an elder person, which is defined as anyone aged 65 or older. This can happen in any number of ways, in a wide variety of settings, from a nursing home or long-term care facility to a person’s own home.
Elder abuse can be prosecuted as either a felony or a misdemeanor crime, depending on the acts of the case and your criminal history. The potential consequences of an elder abuse conviction are high, with the possibility of a state jail term of up to four years for a felony elder abuse conviction. If you have been charged with a misdemeanor or felony elder abuse charge, it is vitally important to contact an experienced elder abuse attorney in Los Angeles, CA as soon as possible. A lawyer can work with you to review the facts of the case and help you determine the best possible defense. Elder abuse cases often are highly emotional, as they may involve family members or close friends, so an attorney may be able to help you work through the details to put together the best possible defense to the charges.
Felony elder abuse is charged when a prosecutor believes that he or she can prove three elements of the crime:
- You willfully or with criminal negligence (a) personally subjected an elder to unjustifiable physical pain or mental suffering or (b) allowed another person to do so;
- Your conduct occurred under circumstances that were likely to produce great bodily injury or death; and
- You knew or reasonably should have known that the alleged victim was an elder.
In contrast, misdemeanor elder abuse has one key difference: the conduct occurred under circumstances that may have endangered the life or health of the elder.
You can be guilty of the crime of elder abuse if your conduct was either willful (intentional or deliberate) or criminally negligent, which means that your actions were so negligent that they show a disregard for human life.
There are many potential defenses to elder abuse charges. In many situations, an elder person may have a physical condition that leads to accidents or falls, which can then mimic the signs and symptoms of abuse, such as bruises or broken bones. Concerned family members, doctors or social workers may then report those symptoms as abuse. Other times, due to memory problems or jealousy over inheritance or other monetary issues, false allegations of abuse may be made. An elder person may also make a false accusation, saying that you are the one who hurt him when really, it was an entirely different person. An experienced elder abuse attorney iN Los Angeles, CA can help you put together a strong defense to these charges by thoroughly evaluating the evidence against you and investigating every aspect of the case.
If you have been charged with elder abuse in Southern California, you will need an experienced elder abuse attorney. In Los Angeles, CA, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com. Our attorneys will aggressively defend you against false elder abuse allegations to protect your legal rights and your freedom. We offer free initial consultations where we will explain your legal rights and your options. Contact us today!
