What Are the Penalties for Elder Abuse in California?

As humans, the more we age the more we start to rely on others to take care of us. This need for care often leaves elders vulnerable to various forms of abuse. Elder abuse is a serious crime in the state of California and a conviction will be met with harsh penalties. If you require legal assistance during an elder abuse case, contact a Red Bluff criminal lawyer today for more information.

What is Elder Abuse?

There can be many forms of elder abuse including physical, financial, and sexual. Under California state law, felony elder abuse is defined as when an individual who knows or should know that a person is an elder or dependent adult commits acts of abuse against the elderly individual. Consider the following.

To be considered guilty of felony elder abuse, the situation must involve the following elements.

• The individual willfully or with criminal negligence inflicted unjustifiable physical pain or mental suffering on the elderly person
• The conduct occurred under circumstances likely to produce significant bodily harm or death
• The individual knew or should have known that the person is an elder or dependent adult

To be considered guilty of misdemeanor elder abuse, the situation must involve the following elements.

• The individual willfully or with criminal negligence inflicted unjustifiable physical pain or mental suffering on the elderly person
• The conduct occurred under circumstances that had the potential to endanger the elderly person’s life or health
• The individual knew or should have known that the person is an elder or dependent adult

To be considered guilty of financial elder abuse, the situation must involve the following elements.

• The individual committed theft, embezzlement, forgery, or fraud against the elderly person
• The individual knew or should have known that the person is an elder or dependent adult

What Are the Penalties for Elder Abuse in CA?

There are many different kinds of elder abuse with varying levels of severity and repercussions. Elder abuse is a “wobbler,” meaning that the crime can be charged as either a felony or misdemeanor depending on the details of the situation.

For misdemeanor elder abuse, an individual can expect to incur the following penalties.

• Fines of $6,000
• Up to 1 year in jail
• Restitution
• Mandatory counseling
• Informal probation

If the abuse is charged as a felony offense, penalties can include:

• Fines of $10,000
• Up to 4 years in prison
• Restitution
• Mandatory counseling
• Formal probation

Sexual assault or lewd or lascivious acts against an elder can result in additional penalties. Convictions can result in 5, 6, 8, or 10 years in prison depending on the details of the situation.

Do I Need an Attorney?

If you are facing elder abuse charges you should hire a skilled attorney as soon as possible. A lawyer can evaluate the details of your case and create an effective defensive strategy. Reach out to an experienced attorney today to learn more.