California takes elder abuse seriously, and a conviction can lead to jail or prison time, fines, and a permanent criminal record. Under California Penal Code § 368, elder abuse charges may involve physical harm, financial exploitation, or neglect of an older adult or dependent adult. The penalties depend on the type of abuse, the harm involved, and the circumstances of the case.
If you’re accused of elder abuse in San Diego, understanding the law is an important first step. Blair Defense Criminal Lawyers can help you understand the charges, review the evidence, and explore your defense options. Contact our firm today to schedule a free consultation with a San Diego criminal defense attorney.
The Short Answer: What Penal Code 368 Covers
California Penal Code § 368 makes certain forms of abuse, neglect, and financial exploitation involving elders and dependent adults criminal offenses. Under this law, an elder is generally someone age 65 or older. A dependent adult is generally someone between ages 18 and 64 whose physical or mental limitations restrict their ability to carry out normal activities or protect their rights.
Penal Code 368 covers several types of conduct, including:
- Willfully causing or allowing an elder or dependent adult to suffer unjustifiable physical pain or mental suffering under circumstances covered by the law
- Placing an elder or dependent adult in a situation that puts their health or safety at risk
- Stealing, defrauding, or improperly taking an elder’s or dependent adult’s money or property
- Failing to provide necessary care when legally responsible for the person’s well-being, under circumstances that meet the statute’s requirements
Not every accusation of mistreatment qualifies as a crime under PC 368. Prosecutors must prove the elements of the specific offense charged.
Physical, Financial, and Neglect-Based Elder Abuse Charges
California Penal Code § 368 covers several forms of elder abuse. The charges depend on the alleged conduct, the relationship between the people involved, and the harm caused to the elder or dependent adult.
The main types of elder abuse charges include:
- Physical abuse: Willfully causing or allowing an elder or dependent adult to suffer unjustifiable physical pain or mental suffering. This may involve hitting, pushing, or placing someone in dangerous conditions.
- Financial abuse: Stealing, defrauding, or unlawfully taking money or property from an elder or dependent adult. Examples may include unauthorized withdrawals, theft, or the use of deception to gain control of someone’s assets.
- Neglect: Willfully causing or allowing an elder or dependent adult to suffer harm or face dangerous conditions through criminally negligent conduct. These cases may involve a caregiver failing to provide necessary food, medical care, or supervision.
Prosecutors must establish the elements of the specific offense, which may include proving that the accused knew or reasonably should have known the alleged victim was an elder or dependent adult.
Misdemeanor vs. Felony Elder Abuse in California
Elder abuse under California Penal Code § 368 can be charged as a misdemeanor or felony. The classification depends on the type of alleged abuse, the circumstances, and, in financial abuse cases, the value of the property involved.
For physical abuse and neglect-related offenses, California law distinguishes between conduct that creates a serious risk of harm and conduct that does not.
- Misdemeanor elder abuse: Under Penal Code § 368(c), certain acts involving unjustifiable physical pain, mental suffering, or dangerous conditions are misdemeanors when they occur under circumstances not likely to produce great bodily harm or death.
- Felony elder abuse: Under Penal Code § 368(b)(1), similar conduct may be charged as a felony when the circumstances are likely to produce great bodily harm or death.
- Financial elder abuse: Under Penal Code § 368(d) and (e), theft, fraud, and related offenses involving an elder or dependent adult may be charged as misdemeanors or felonies depending on the value of the property and other circumstances.
The difference between misdemeanor and felony charges can have a major impact on the possible sentence. A San Diego criminal defense lawyer can review the allegations and explain the potential consequences of the specific charge.
Penalties and Sentencing Enhancements
The penalties for elder abuse in California depend on whether the offense is a misdemeanor or felony, the type of conduct, and whether the alleged victim suffered serious injuries.
Possible consequences include:
- Jail or prison time: Misdemeanor convictions may result in county jail time, while felony convictions can carry longer sentences.
- Fines: Courts may impose fines and other financial penalties.
- Probation: Some defendants may qualify for probation with conditions set by the court.
- Restitution: A defendant may be ordered to repay money or cover certain losses caused by the offense.
- A criminal record: A conviction may affect employment, professional licenses, and future opportunities.
Certain felony elder abuse convictions can also carry additional prison time. Under PC 368(b), sentencing enhancements may apply when the offense causes great bodily injury or death, with the victim’s age affecting the length of some enhancements.
Common Defenses to a PC 368 Charge
Being accused of elder abuse does not mean you’re guilty. Several defenses may be available, depending on the allegations, the evidence, and the specific charge.
Common defenses include:
- False accusations: The allegations may be inaccurate or based on conflicting accounts of what happened.
- Lack of required intent: The prosecution may be unable to prove the willful conduct or criminal intent required for the charged offense.
- Accidental injury: An injury may have occurred through an accident rather than criminal conduct.
- No criminal negligence: In cases involving alleged neglect, the evidence may not establish the level of negligence required for a conviction.
- Permission or lawful authority: In certain financial abuse cases, the accused may have had permission or legal authority to handle the property.
- Insufficient evidence: Prosecutors may lack enough reliable evidence to prove every element of the offense beyond a reasonable doubt.
A criminal defense lawyer can review medical records, financial documents, witness statements, and other evidence to determine which defenses may apply.
If you’re facing an elder abuse investigation or charges in San Diego, Blair Defense Criminal Lawyers can help you understand your rights and prepare for the legal process. We offer a free consultation with a San Diego elder abuse defense attorney.
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