San Diego Criminal Defense Lawyer Explains Elder Abuse Laws in California:

What is Elder Abuse?

When you commit against an elderly person (someone 65 years or older)[1] or a dependent adult (an adult 18-64 who has physical or mental limitations)[2] a crime involving physical abuse, emotional abuse, financial abuse, neglect or abandonment you may be charged not only for the original crime but also for Elder Abuse.

Elders may be unable to care for themselves due to age, medication, mental or physical impairments, or confusion. Because of this they are protected by law. Sentences and punishments for crimes against elders are severe, especially because they are coupled with the original crime.  Theft, abuse, abandonment, caregiver’s neglect, false imprisonment, isolation, physical violence, and psychiatric harm are common crimes committed against elders.[3]

What does the prosecutor have to prove to convict me of Elder Abuse?

Elder Abuse can be charged as either a felony or a misdemeanor. For both charges it must be proven that you:

• inflicted unjustifiable physical pain or mental suffering (or permitted someone under your supervision to do so)
• to an elder or dependent adult,
• who you knew to be an elder or dependent adult and
• who was in your care or custody or for whom you were responsible^[4]

Elder Abuse can be charged either as a misdemeanor[5] or a felony.[6] The difference between the two is that a felony will be charged when the abuse took place under circumstances that were likely to produce great bodily harm or injury. The elder does not actually have to been harmed, just to be put in a position in which he or she could be.

You’ll notice above that you could be charged with Elder Abuse, even if you were not the person who actually abused the elder. Why is that?  That can happen whenever you are responsible for an elder and have allowed someone under your supervision (such as an employee or caregiver) to abuse an elder.  Now, when we say “allow”, that doesn’t mean that you gave the person permission to act abusively. It just means you didn’t take the necessary precautions to prevent abuse from occurring.  In other words, you were so negligent, the law deems your negligence to be criminal. Criminal negligence is more than acting carelessly. It is acting in such a way that an ordinary, reasonable person would know is reckless and that would create a high risk of death or great bodily harm. It is acting with disregard of human life and an indifference to the consequences of one’s actions. [7]

How do I fight a charge of Elder Abuse?

The defense strategy you and your attorney use will obviously depend on the specific facts of your case. If you are being charged with negligently allowing someone else to commit Elder Abuse, your defense will be very different from someone who is accused of personally abusing an elderly person.

Some key phrases your defense may hinge on are “unjustifiable” and “abuse.”  When does an act reach the level of “abuse”?  When does some amount of pain or harm reach the level of “unjustifiable”? Elder Abuse charges are very fact-driven.  Specifics and details matter.  The reasons why you took a particular course of action can be very important. It’s no secret that in most Elder Abuse allegations, there is a great deal of competing emotions involved—emotions on the part of the accused, on the part of the elderly, on the part of the family of the elderly, etc.  Therefore, your lawyer will need a clear understanding of the emotions that were at play and what role they may have in your defense strategy. To give yourself the best chance at beating your case, read our free ebook “Fighting Your Criminal Case: A Serious Response to Serious Charges.”

What are the punishments related to Elder Abuse?

Misdemeanor Elder Abuse:

If convicted of misdemeanor Elder Abuse, you may be sentenced to one year in the county jail, a fine of up to $6000 ($10,000 for subsequent convictions), restitution to the victim, informal probation, and/or counseling.[8]

Felony Elder Abuse:

If you are convicted of felony Elder Abuse, you may receive formal probation, 2-4 years in a state prison (with a possible 5-7 years depending on whether great bodily harm or death occur)[9], restitution to the victim, up to a $10,000 fine,[10] and/or counseling. There are extra penalties imposed if the elder is 70 years old or older.

Contact us today to speak with a San Diego criminal defense lawyer who can answer all your questions about Elder Abuse laws and how to fight your case.