Need a Los Angeles Elder Abuse Lawyer?
Are you or your loved one facing elder abuse charges in California? It must be a scary and stressful experience that you are going through. Elder abuse could lead to a felony conviction, depending on the circumstances.
However, some elder abuse charges arise from misunderstood situations or outright false accusations. Sometimes, one or two elements of the crime are missing, which can help mitigate or reduce the charges. But only a competent criminal attorney representing the defendant can point them out.
Elder abuse is when harm or distress is inflicted on an elderly person due to an act or lack of appropriate action. Accusations of elderly abuse are often complicated and prosecuted very seriously. A top criminal defense attorney can ensure a fair process by looking at the incident from your perspective. They can ensure a fair trial and may even successfully defend you against the charges.
Elder Abuse Under California Law
An elder is anyone over 65 years old according to CA Welfare & Institutions Code § 15610.27 and California Penal Code 368(g) PC.
California Penal Code 368(a) PC explains the rationale behind elder abuse laws. It states that elders deserve special protection due to their restricted “ability to carry out normal activities or to protect their rights.” Under California’s penal code, several forms of elder abuse are identified.
Physical and Mental Elder Abuse
Physical and mental abuse are two of California’s most common forms of elder abuse. California Penal Code 368(b) PC criminalizes physical and mental elder abuse. It describes the crime as willfully allowing the suffering of an elder. It also involves inflicting mental suffering and physical harm on them.
Physical abuse involves acts that include the use of force. Examples are hitting, kicking, beating, unreasonable physical restraint, assaulting with a weapon, etc.
Meanwhile, mental abuse could involve ridiculing an elder, threatening them, or belittling them.
The severity of the penalty depends on the circumstances of the crime. A first offense may not attract jail time if committed under circumstances not likely to produce great bodily harm or death. However, a second or subsequent conviction may attract a year in jail, a fine of up to $2000, or both. If there was, however, danger of bodily harm or death, the penalty is a year in jail, a fine of up to $6000, or both. If the action results in bodily harm or eventual death to the elder, it becomes a felony. The perpetrator can serve up to 7 years in state prison, depending on the elder’s age.
Financial Elder Abuse
California laws recognize the unique risk factors making elders vulnerable to abuse. Such abuse can be in the form of financial abuse or exploitation. CA Welfare & Institutions Code Section 15610.30 defines financial elder abuse as when a person or entity:
- Takes,
- Secretes,
- Appropriates,
- Obtains,
- Retains, or
- Assists in doing any of the above to the real or personal property of an elder or dependent adult for some wrongful use, with intent to defraud, or both. Or if such taking, secretion, appropriation, and so on is done through the use of undue influence.
California Penal Code 368(d) and (e) PC describe the penalty for financial abuse against elders. A conviction can lead to imprisonment for up to four years or a fine of up to $10,000. The specific sentencing depends on the value of the property taken or obtained. Also, financial abuse by family members or caretakers typically carries more stiff penalties.
False Imprisonment
California Penal Code 368 (f) makes it a crime to falsely imprison an elder, whether by force, threat, or deceit. Such an offense is a felony punishable by imprisonment for between two to four years.
How Our California Elder Abuse Attorneys Can Help You
A Los Angeles law firm like the Law Offices of Christopher Chaney can help you in the following ways:
Building a Defense Strategy
Skilled elder abuse attorneys have vast experience with cases similar to yours. As such, we are familiar with the prosecution’s approach in such cases. Sometimes, elder abuse cases are tricky. For example, where you already have a permanent restraining order against you. It might make it harder to put up a credible defense against the abuse charges.
From experience, we have a good idea of what to anticipate in such situations and how to help you. Coupled with our knowledge of California’s elder abuse laws, we are uniquely positioned to help you. A restraining order attorney from our firm can help you build a suitable defense strategy.
Negotiating Plea Deals
The prosecution may offer you a plea deal to get a quick conviction and save resources. It takes a legal professional to scrutinize the deal and determine if the terms are fair. Our Los Angeles elder abuse attorney may be able to liaise with the prosecution to get you a fairer deal. We can also advise you on whether to accept a plea deal.
Investigating False Accusations
Sometimes, domestic violence accusations, including elder abuse, are callously motivated. They could also arise from misunderstood situations or a skewed investigation process. Our skilled domestic violence attorney fights for you to ensure that these errors are brought to light.
Gathering Exonerating Evidence
One of the tasks your elder abuse lawyer undertakes is to put together critical evidence. This may involve interviewing key witnesses and getting medical experts to testify. We try to unearth every little detail that could help your case. Ultimately, you could get a reduced charge, an acquittal, or have the case withdrawn altogether.
Elder Abuse Cases Our Firm Handles
The crime of elder abuse can take on many forms in California. Our attorneys can provide criminal defense if you are charged with the following:
- physical abuse
- emotional abuse
- psychological abuse
- mental abuse
- elder neglect
- abandonment of an elder
- isolation of an elder
- financial abuse
- false imprisonment of an elder
- sexual abuse
Contact the Law Offices of Christopher Chaney Today
If you or your loved one is facing elder abuse charges in Los Angeles, CA, we may be able to help. We provide superior criminal defense services at the Law Offices of Christopher Chaney. We have years of experience handling all forms of criminal cases in California.
Our attorneys boast of providing excellent legal services, constant communication, and support. You deserve a team of lawyers who can aggressively defend you. You deserve a team that knows how to get your charges reduced or possibly dropped.
The criminal justice system is scary, but you do not have to face it alone. Contact our Los Angeles elder abuse attorneys today to schedule a free consultation. We provide our services in Russian, English, and Spanish.
