PENAL CODE 368: Elder Abuse

What is Penal Code 368 in California?

368 Penal Code defines elder abuse as the mistreatment or neglect of a person aged 65 or older. This law protects seniors from physical harm, emotional abuse, financial exploitation, and neglect. It applies to caregivers, family members, and any individual responsible for the well-being of an elderly person. The law aims to make sure that vulnerable seniors are safeguarded from abuse in all forms. Elder abuse does not have to be intent-based; neglect alone can warrant a charge.

Types of Elder Abuse (Physical, Emotional, Financial, and Neglect)

Elder abuse can take many forms, including:

  • Physical Abuse: This includes hitting, pushing, or causing physical harm to an elderly person. Signs may include unexplained bruises or injuries.
  • Emotional Abuse: Verbal insults, threats, or actions that cause emotional distress fall under this category.
  • Financial Exploitation: This is a common form of abuse where fraud or undue influence is used to take an elderly person’s money or property.
  • Neglect: Not providing some fundamental necessities such as food, shelter, or medicine will get charges for neglect.

Penalties for Violating Penal Code 368

1. Criminal Penalties for Elder Abuse

Violating Penal Code 368, which means it may be filed as either a misdemeanor or felony, depending on the specific circumstances of the case.

  • Misdemeanor Conviction: Punishable by up to 1 year in county jail and/or a fine of up to $6,000.
  • Felony Conviction: Punishable by 2 to 4 years in state prison, with additional time if the victim suffers great bodily harm.

2. Sentencing Enhancements for Severe Cases

There are a few factors that can lead to enhanced sentences under the 368 Penal Code. These include:

  • Great Bodily Injury: If the victim suffers considerable physical harm, additional years can be added to the sentence.
  • Repeat Offenses: Prior convictions for similar crimes may result in harsher penalties.
  • Vulnerability of the Victim: Cases involving extremely frail or dependent seniors often lead to more severe consequences.

3. Civil Consequences of Elder Abuse

Besides criminal punishment, elder abuse can also result in civil action. The victim or the victim’s family can go to court and seek monetary compensation for things such as medical bills, suffering, and/or punishment. A civil case is less complicated as compared to a criminal case, and this does not have the same burden of proof as a criminal case hence making it easier for victims to win such cases.

Legal Defenses Against Penal Code 368 Charges

False Accusations

False accusations often arise in elder abuse cases due to misunderstandings, family disputes, or ulterior motives. A skilled Los Angeles criminal defense lawyer can analyze the accuser’s credibility and uncover inconsistencies in their claims.

Lack of Evidence

The prosecution must prove the charges beyond a reasonable doubt. If there is insufficient evidence or unreliable testimony, your case may be dismissed. For instance, vague medical records or a lack of witnesses could weaken the prosecution’s argument.

No Intent to Harm

Elder abuse charges are often based on intent. If you can show that your actions were accidental or unintentional, you may avoid a conviction.

Steps to Take If Accused of Elder Abuse in Los Angeles

1. Consult an Elder Abuse Defense Attorney

The first and most important step is to consult a Los Angeles criminal defense lawyer with experience in elder abuse cases. They will:

  • Assess the specifics of your case.
  • Develop a defense strategy tailored to your situation.
  • Represent you in all court proceedings.

2. Preserve Documentation and Evidence

Gather any evidence that supports your defense, such as:

  • Medical records show the absence of injuries.
  • Financial statements proving no misuse of funds.
  • Witness statements that contradict the accuser’s claims.

3. Comply with Court Procedures

It’s essential to comply with all court orders, including restraining orders or probation terms. Failure to do so can lead to additional charges and complicate your defense.

How DCD LAW Can Help Defend Your Case

Extensive Experience in Elder Abuse Cases

In DCD LAW, we focus on solving difficult legal issues under the 368 Penal Code. Here, we have an experienced legal team that has successfully defended clients with both misdemeanor and felony charges ensuring their rights are safeguarded and their voice heard.

Compassionate and Strategic Legal Representation

Elder abuse is not just a legal issue, but it is also a very sensitive and emotional issue. At DCD LAW, we handle each case with sensitivity and fight for the best outcome.

We are ready to help you!

Work with an experienced criminal defense attorney, and a team that has successfully defended more than 1000 clients. Get started with us today.

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Frequently Asked Questions About Elder Abuse Charges

What Should I Do If I’m Falsely Accused of Elder Abuse?

If you’re falsely accused of elder abuse, consult an experienced Los Angeles criminal defense lawyer immediately. Avoid discussing the case with anyone other than your attorney, as your words can be used against you. Gather evidence, such as communication records or witness statements, to refute the allegations.

Can Elder Abuse Charges Be Dismissed?

Yes, elder abuse charges can be dropped if the prosecution can not meet the burden of proof or if there were procedural violations during the course of the investigation. Your defense attorney is going to try to pick apart the prosecution’s case and cast doubt on the witnesses, the evidence, or the validity of the charges as a whole.

What Are the Long-Term Consequences of a Conviction?

Serious long-term implications can arise from a conviction under Section 368 of the Penal Code. Other than imprisonment and fines, there could also be a permanent record of a criminal offense, hindering one from gaining employment or even securing housing. Such a conviction may even lead to the loss of professional licenses along with social stigma as well.