Home » Criminal Defense » Domestic Violence » PENAL CODE 368 ELDER ABUSE
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.
Elder abuse can take many forms, including:
Violating Penal Code 368, which means it may be filed as either a misdemeanor or felony, depending on the specific circumstances of the case.
There are a few factors that can lead to enhanced sentences under the 368 Penal Code. These include:
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.
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.
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.
Elder abuse charges are often based on intent. If you can show that your actions were accidental or unintentional, you may avoid a conviction.
The first and most important step is to consult a Los Angeles criminal defense lawyer with experience in elder abuse cases. They will:
Gather any evidence that supports your defense, such as:
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.
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.
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.
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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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.
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.
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.