Is Elder Abuse a Felony in California?

If you've been charged with elder abuse, everything may start to seem blurry, and one of the many questions racing through your mind may be "Is elder abuse a felony in California?" It can be, but it can also be charged as a misdemeanor elder abuse offense, depending on the circumstances.

California Penal Code 368 is the law that governs elder abuse charges in the state. It covers a wide range of conduct and gives prosecutors a number of options when deciding how to charge a case.

In this article, we are going to look at what felony elder abuse and misdemeanor elder abuse charges actually mean, how prosecutors make their decisions, what penalties a conviction can carry, and the defenses an experienced attorney uses to combat such allegations. They are familiar with questions such as what is an infraction in california?

What Is Elder Abuse Under California Law?

Elder abuse, under California law, is any conduct that willfully causes or allows an older person to suffer harm, be placed in danger, or be taken advantage of. It is a very serious issue, and California has some of the strongest elder abuse laws in the country to address it.

California Penal Code 368 protects any elder or dependent adult from abuse, neglect, and exploitation. An elderly person is generally defined as anyone 65 years of age or older. A dependent adult is someone between the ages of 18 and 64 who has physical or mental limitations that restrict their ability to carry out normal activities or protect their own rights.

Elder abuse is not only physical abuse. California law recognizes a number of forms of abuse, including:

• Emotional abuse

• Financial exploitation

• Neglect

• Sexual abuse (non-consensual sexual intercourse or sexual activity)

It's worth noting that, in some cases, simply failing to provide adequate care to an elder can be enough to trigger criminal charges.

Penal Code 368 is the primary statute that covers these offenses. It applies to a wide range of situations and a wide range of people, including family members, caregivers, and others who have regular contact with elderly individuals.

Understanding California Penal Code 368

California Penal Code Section 368 is the statute that governs elder abuse offenses in the state. 368 PC elder abuse provisions prohibit a number of things, including:

• Willfully causing or permitting an elder to suffer

• Inflicting unjustifiable physical pain or mental suffering

• Endangering the health or safety of an elder

• Financially exploiting an elderly person

Among California's criminal statutes, PC 368 is what's known as a "wobbler" offense, and that's the key word here. A wobbler is a charge that can be filed as either a felony or a misdemeanor. This gives prosecutors a great deal of discretion when deciding how to charge a case.

Is Elder Abuse a Felony or Misdemeanor in California?

Elder abuse charges under Penal Code 368 PC can go either way depending on the facts of the case. Here's what affected parties need to know:

• Misdemeanor offense charges are more common in situations where the conduct did not result in significant physical harm, where there was no clear criminal intent, or where the circumstances were less severe overall.

• Felony elder abuse cases, on the other hand, typically involve situations where the alleged victim suffered real physical harm, where the abuse was willful and ongoing, or where the victim's age and vulnerability played a significant role in how the offense was carried out.

Criminal intent plays an important role in how prosecutors take the case forward. Prosecutors look at whether the defendant knew what they were doing and did it anyway before deciding on the elder abuse charges. For more information, these criminal attorneys in Sacramento may be able to help.

Factors That Can Increase Elder Abuse Charges

A number of things can push elder abuse charges into more serious territory, and they include:

• Allegations that the defendant's conduct was enough to produce great bodily harm or death

• Prior criminal record

• Abuse carried out by caregivers in a position of trust

• Ongoing physical or emotional abuse

Penalties for Elder Abuse Under Penal Code 368

There are very serious penalties under PC 368 following an elder abuse conviction in California. Here's what affected parties can expect depending on the charges:

• A misdemeanor conviction can result in up to one year in county jail, fines of up to $6,000, and formal probation. Someone convicted of misdemeanor elder abuse in Sacramento, for example, would be looking at Sacramento County Jail time, while an elder abuse conviction in Los Angeles County would mean Los Angeles County Jail time for misdemeanor cases.

• A felony elder abuse conviction can result in up to four years in California state prison. If the alleged victim suffered great bodily injury, that number can increase.

Criminal prosecution under PC 368 can also trigger a number of additional consequences beyond jail and fines, including:

• A great bodily injury enhancement (adds three to five years to a prison sentence)

• Three Strikes implications if the offense qualifies as a serious or violent felony

• Protective orders to keep the defendant away from the alleged victim

• Restitution payments to the victim

• Loss of professional licenses for caregivers or medical professionals

How Prosecutors Prove Elder Abuse Charges

For a conviction under PC 368, prosecutors must establish sufficient evidence beyond a reasonable doubt. That is a high bar, and it is one of the most important things to keep in mind if you are facing these charges.

To secure a conviction, prosecutors generally need to show that the defendant willfully caused or permitted an elder to suffer harm, or that the defendant's conduct amounted to criminal negligence, putting the elder's health and safety at risk.

In elder financial abuse cases, prosecutors also need to establish that the property stolen belonged to an elder or dependent adult and that the defendant knew this.

Causation matters too. Prosecutors need to connect the defendant's conduct to the harm suffered. In some cases, that is straightforward. In others, it becomes a genuine point of dispute.

There are several types of evidence that prosecutors gather and investigate, including:

• Medical records documenting injuries or declining health

• Witness statements from family members, neighbors, or staff

• Care facility documentation and internal reports

• Financial records showing unusual transactions or withdrawals

• Surveillance footage from care facilities or residential properties

• Expert testimonies

Keep in mind that investigations often begin long before any arrest is made, which is why early legal representation is so important. They can also explain what self defense weapons are legal in california.

Common Defenses to Elder Abuse Charges

Here are some of the legal defenses that a skilled elder abuse defense attorney in California may use, depending on the facts of the case:

False Accusations

Unfortunately, suspected abuse is sometimes reported based on false or exaggerated claims. In some cases, family members make allegations to gain control over an elderly patient's finances or estate.

Lack of Intent

PC 368 requires willful conduct or criminal negligence. If the defendant did not intend to physically harm or cause physical pain or mental suffering to the elder, this can be a very effective defense.

Accident Rather Than Abuse

Not every injury is the result of abuse. Elderly people are vulnerable to falls and other accidents, and what looks like abuse may have an entirely innocent explanation.

Insufficient Evidence

If prosecutors cannot produce sufficient evidence to establish every element of the charge beyond a reasonable doubt, the case should not result in a conviction.

Medical Conditions Causing Injuries

In some cases, an elderly patient's existing medical conditions can explain injuries or health decline in ways that have nothing to do with abuse or neglect.

Reasonable Care Provided

A caregiver who provided reasonable and appropriate care at a nursing home or private residence cannot be said to have willfully caused suffering, even if the elder's condition deteriorated.

Self-Defense or Defense of Others

In some cases, self-defense is a valid response to an aggressive elder. If the defendant acted to protect themselves or someone else from harm, that is an important factor in the case.

Related Crimes Often Charged Alongside Elder Abuse

In a number of elder abuse cases, prosecutors may file additional charges alongside the primary PC 368 offense, and that can make an already serious situation much worse. These charges include:

• Domestic violence charges

• Financial elder abuse

• Theft crimes or financial crimes (senior fraud)

• Assault and battery charges in case of physical harm

• Theft of Personal Identifying Information or Identity theft offenses

What Should You Do If You Are Accused of Elder Abuse in California?

If you are facing elder abuse allegations, the steps you take right away can impact your chances of getting through this entire ordeal unscathed. Here's how to protect yourself:

1. Do not speak with investigators or law enforcement without experienced legal counsel present. Anything you say can and will be used against you.

2. Preserve any records, communications, or documentation that's connected to your relationship with the alleged victim. This includes text messages, care logs, financial records, and anything else.

3. Seek legal representation by calling an experienced elder abuse lawyer at Goss Law.

   
   

Common Questions About California Elder Abuse Charges

Can a Family Member Be Charged with Elder Abuse?

Family members are among the most commonly charged individuals in senior abuse cases.

Can Elder Abuse Charges Be Dropped?

Charges can be reduced or dropped if the evidence is weak, if a defense attorney identifies problems with the prosecution's case, or if the allegations were made in bad faith. Accusations could be motivated by disputes over an elderly person's will or finances rather than genuine abuse.

Can the Outcome of a Civil Claim Impact a Criminal Elder Abuse Case?

Both the civil and criminal defense systems work separately. While the victim may pursue civil litigation to seek compensation, the outcome of the civil case doesn't impact a criminal case.

Is Elder Abuse a Strike Offense in California?

If the offense involves great bodily injury or is classified as a violent or serious felony, it may count as a strike under California's Three Strikes law.

What Evidence Is Needed to Prove Elder Abuse?

Prosecutors typically rely on medical records, witness statements, financial records, and expert testimony. The standard is proof beyond a reasonable doubt.

Facing Elder Abuse Allegations? Talk to an Expert Sacramento Criminal Defense Lawyer!

If you are facing abuse allegations or a criminal offense, having a strong criminal defense strategy in place as early as possible makes a big difference. Goss Law represents clients facing elder abuse charges throughout Sacramento and the surrounding areas. Contact us today to schedule your free consultation!