Crimes Against Elderly

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San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney

San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney

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What is elder abuse?

Neglect, physical, emotional, and/or financial abuse of a person who is sixty five years old or older.

Who can be charged for elder abuse?

Individuals who work at nursing homes, caregivers, individuals who provide services for elderly or dependent adults, and even the victim’s own family members.

How can crimes against elders be charged?

Crimes against elders or dependent adults can either be charged as a felony or a misdemeanor depending on the person’s criminal history and the circumstances of the offense.

How are crimes against elders punished?

Punishment for offenses against elders or dependent adults range from imprisonment in county jail not exceeding one year, a fine not to exceed six thousand dollars, both a fine and imprisonment, up to imprisonment in California state prison for two, three, or four years.

California Penal Code 368

It is a crime against elders and dependent adults for a person who KNOWS OR REASONABLY SHOULD KNOW that the victim is an elder or dependent adult, and who, under circumstances or conditions likely to produce great bodily harm or death,WILLFULLY CAUSES OR PERMITS any elder or dependent adult to suffer, or inflicts thereon UNJUSTIFIABLE PHYSICAL PAIN OR MENTAL SUFFERING.

It is a crime against elders and dependent adults for a person who KNOWS OR REASONABLY SHOULD KNOW that the victim is an elder or dependent adult, and who HAS THE CARE OR CUSTODY of any elder or dependent adult, WILLFULLY CAUSES OR PERMITS the elder or health of the elder or dependent adult to be injured, or WILLFULLY CAUSES OR PERMITS the elder or dependent adult to be placed in a situation in which his or her person or health is NEGLECTED OR ENDANGERED.

What if in the commission of the offense the victim suffered great bodily injury?

If the elder or dependent adult who suffered great bodily injury in the commission of the offense is under the age of 70 years old, then the defendant will receive an additional term of three years in state prison.

If the elder or dependent adult who suffered great bodily injury in the commission of the offense is 70 years old or older, then the defendant will receive an additional term of five years in state prison.

What if in the commission of the offense the defendant proximately causes the death of the victim?

If the elder or dependent adult who died in the commission of the offense was under the age of 70 years old, then the defendant will receive an additional term of five years in state prison.

If the elder or dependent adult who died in the commission of the offense was 70 years old or older, then the defendant will receive an additional term of seven years in state prison.

If you have any questions about crimes against elderly contact San Diego Criminal Defense Attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Defense

Contact San Diego Criminal Attorney for a free consultation today at: 619-405-0063