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Consequences & Defense Strategies for Elder Abuse
In California, the crime of elder abuse is categorized as one of the more serious offenses in the sphere of domestic violence. As such, it carries harsh repercussions, including lengthy prison times, strikes on the criminal record, and hefty fines.
Fortunately, an adept elder abuse defense lawyer in San Diego can employ a variety of strategies to lower the sentence or have the charges dropped completely. Today, we’ll help you familiarize yourself with both the implications and defenses for elder abuse in California.
Is elder abuse a felony in California?
Under the California Penal Code §368, abuse of the elder can be tried as either a misdemeanor or a felony, depending on the severity of harm caused to the person and the intent of the perpetrator:
- Felony elder abuse: If the perpetrator’s actions were willful or intentional, and they resulted in serious physical injury or death, great mental or emotional harm, or significant financial exploitation, the District Attorney’s office will most likely choose to pursue the offense as a felony.
- Misdemeanor elder abuse: If the perpetrator’s actions (or inaction) merely put the elder in a dangerous position, they neither knew of the risks nor was the danger obvious at the time they engaged in the conduct, or if the extent of physical, mental, emotional, or financial harm is less severe, the case is most likely be filed as a misdemeanor.
Still, similar to the cases of child abuse and endangerment, i.e. due to the vulnerability of this demographic group, both misdemeanor and felony cases of elder abuse carry significant consequences, with the latter being much more severe.
What’s the defense against elder abuse charges in California?
There are several effective strategies criminal defense attorneys may employ to clear a person of charges, which may include proving one or more of the following:
- False accusations: The defendant’s conduct does not constitute elder abuse under CA PC §368 or the victim made false allegations.
- Lack of intent: The defendant did not purposely harm the elder or placed them in the position of harm through criminal negligence.
- Mistaken identity: It wasn’t the defendant who committed elder abuse but, rather, a third party.
- Different sources of harm: Injuries were caused by something other than abuse.
- Consent: The elderly voluntarily consented to actions that resulted in them being harmed.
- Insufficient evidence: Lack of clear or convincing evidence of abuse.
Note that this is not a comprehensive list. There are several other possible options and you can expect your attorney to explore them accordingly, based on the circumstances surrounding your case.
What are the consequences of elder abuse?
The severity of consequences for the crime of elder abuse will depend on whether it’s sentenced as a misdemeanor or a felony:
Misdemeanor elder abuse:
- Up to 1 year in county jail;
- Fine of up to $6,000;
- Be issued a Protective Order;
- Be issued a Stay Away Order;
- Informal probation;
- Restitution to the victim.
Felony elder abuse:
- 2, 3, or 4 years in state prison;
- Fine of up to $10,000;
- Receive a strike on the record, per CA Three Strikes law;
- Formal probation;
- Be issued a Protective Order;
- Be issued a Stay Away Order;
- Restitution to the Victim.
In addition, there are several possible enhancements to the sentence, based on the victim’s age:
- The victim is/was under 70: 3 additional years for greater bodily injury and 5 additional years for death;
- The victim is/was over 70: 5 additional years for greater bodily injury and 7 additional years for death.
Note that these enhancements only apply if the perpetrator knew about the victim’s age at the time of the offense. Otherwise, this is another opportunity for the defense to lower the sentence or even cause the dropping of charges altogether.
Who’s a proven elder abuse defense lawyer near me in San Diego?
If you’re looking at charges for child endangerment, elder abuse, or any other type of domestic violence, you want a team that is capable of providing tailored and strategic defense, boasts extensive knowledge of the subject matter, and is willing to go above and beyond to prove your innocence.
In San Diego, you will find that team at Monder Criminal Lawyers Group. With a collective of recognized specialists and a track record of success, we’re the best choice of legal partner you’ll find anywhere from the Port of San Diego to Escondido and beyond. Reach out to us today and let us start building you a robust defense that you deserve!
