Elder abuse can be the physical, mental or financial abuse of anyone 65 years of age or older. California Penal Code 368 and its subsections define the types of elder abuse and the possible penalties. It can be a misdemeanor or a felony. If an elder is placed in a situation where they could suffer serious bodily injury, or there health is endangered, it can carry up to 4 years in prison plus an additional term depending on the age of the elder and whether there was great bodily injury.
Many times elder abuse involves financial crimes where elders are the victim, this is also addressed in P.C. 368. If the theft, embezzlement, forgery etc is $950 or less, it can be a misdemeanor or felony punishable by up to a year in jail as a misdemeanor or up to a 3 year prison commitment as a felony. Over $950 can be similarly punished but the felony carries up to a 4 year prison commit. Restitution is always a huge factor in any theft case, especially involving elders. Elders are particularly vulnerable and therefore any crime against them is much more serious. The older or more infirm the victim, the greater the loss, the more aggravated the case the more likely it will be treated more harshly.
Caregivers, relatives, or “friends” can be involved in this kind of conduct and the loss of trust in the person involved is often extremely devastating to the elder and the family. These kinds of cases require careful handling and thorough investigation by experienced criminal defense attorney. Call Christoph Law Offices for a free consultation at 760-941-5720. For over 30 years across from Vista Courts, they have provided the highest level of personal and profession representation helping thousands of clients achieve the best results in their cases
