CALIFORNIA AGGRESSIVELY PROSECUTES ELDER ABUSE

Posted on: March 16, 2015 by in Criminal Defense
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California Penal Code 368

Orange County criminal defense attorneyElder abuse may be prosecuted as a felony or as a misdemeanor in California depending on the specifics of the case. If you are accused of elder abuse in Orange County, you’ll need the advice and services of an experienced Orange County criminal defense attorney. Misdemeanor elder abuse is punishable by a year in jail and a fine of up to $6,000. If you are charged with felony elder abuse, you could go to prison for up to four years and even more if the victim sustained bodily harm or was 70 or more years old.

Elder abuse laws in California are somewhat complex and difficult to understand. While there are a variety of circumstances that count as elder abuse, it does not include general criminal activity against older persons, such as home break-ins, muggings in the street, or distraction burglary, where a stranger distracts a resident at the doorstep while another person enters the property to steal. The law in California defines elder abuse as causing or permitting any of these conditions or situations when a victim 65 years old or older:

– financial exploitation or abuse
– the infliction of injury or pain, or physical abuse
– isolation or ridicule that inflicts mental suffering or emotional abuse
– willfully or negligently placing a dependent senior into an unhealthy or unsafe situation

Like any criminal charge, the state must prove your guilt beyond a reasonable doubt in order to convict you of elder abuse. In some cases, an elderly person actually injured himself or herself, or there was a misunderstanding, or a suspect has simply been falsely accused. A good defense attorney will ensure that your side of the story is fully told and understood and that your criminal case is brought to its best possible conclusion. If you are charged with elder abuse under California Penal Code 368 in Orange County, discuss your case at once with an experienced Orange County criminal defense attorney.

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