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Understanding the Crime of Elder Abuse
The elderly are among the most vulnerable members of our society. Their physical and mental deterioration makes them an easy target for different forms of abuse which, sadly, happens all too often despite the legal safeguards put forth by the State of California.
Similarly to child abuse and endangerment laws, the legislation pertaining to elders can be confusing and difficult to understand, placing those accused of these crimes in an unfavorable position for defense and protection of their rights.
While an experienced elder abuse defense attorney in San Diego can help you navigate the convoluted maze that is California criminal law, gaining a deeper understanding of what these crimes entail the best first step toward an effective defense.
What qualifies as elder abuse in California?
Understanding elder abuse can be somewhat difficult as, in California, it is governed by both criminal and civil law. Therefore, we have two overlapping definitions of this crime:
- Civil elder abuse (CA Welfare & Institution Code §15610): When a person causes physical, mental, or financial harm to an elder (65 years of age or older), either intentionally, through negligence, or by depriving them of care, goods, or services necessary to avoid harm and suffering.
- Criminal elder abuse (CA Penal Code §368): When a person knowingly and willfully, through their actions or failure to act, inflicts unjustifiable physical, mental, or financial harm on an elder, or permits them to be placed in a situation that could endanger their health.
The main difference between the two is in the repercussions of the crime. Civil law (CA WIC §15610) seeks to provide reparations to the victim (typically financial), whereas Criminal law (CA PC §368) seeks to punish the person who committed the crime.
It should also be noted that these laws pertain to dependent adults as well – individuals who are 18 to 64 years of age, whose physical disability or mental limitations make them incapable of caring for themselves or protecting their rights.
What are the types of elder abuse?
California laws define 7 types of elder abuse:
- Physical abuse: Any intentional use of force resulting in pain, injury, or impairment of the elder (e.g. slapping, hitting, kicking, shoving, etc.), as well as restraining, confining, force-feeding, or using drugs on them against their will.
- Emotional or Psychological abuse: Causing mental and emotional pain to the elderly through non-physical means, such as verbal assault, threats, insult, ridicule, as well as ignoring and isolating them from friends and family.
- Sexual abuse: Any form of non-consensual sexual contact, such as unwanted touching, molestation, and rape but, also, forcing them to watch pornographic material or sexual acts.
- Financial abuse or exploitation: Unauthorized use or appropriation of the elder’s funds, property, or other assets, either by means of force, trickery, or undue influence. Examples include taking their cash, tricking them into signing legal documents, cashing their checks, forging their signatures, etc.
- Neglect by caregivers: Intentionally or unintentionally failing to provide the level of care that an elder needs, such as not giving them their medicine on time or at all, not giving them food or water, or not assisting them in personal hygiene.
- Abandonment by caregivers: Deserting or willfully forsaking an elder, leaving them to care for themselves, even though they’re incapable of doing so. Some examples include taking a senior with dementia to Kate Sessions Park and leaving them there, although the location is unfamiliar to them and they can’t navigate it safely or find their way home.
- Abduction: Removing the elderly from the State of California and/or restraining them from returning to the state.
Where can I find an assertive elder abuse defense attorney near me in San Diego?
Monder Criminal Lawyer Group houses some of the most recognized defense attorneys in the San Diego region and beyond. Our team has extensive knowledge and experience in the sphere of domestic violence, enabling us to tackle even the most difficult cases of child endangerment, elder abuse, spousal battery, and many others. If you’re charged with any of these crimes, know that our team is ready to put all their legal prowess to good use and ensure your rights are protected. Contact us today for a free consultation!
