California’s laws make elder abuse illegal, including placing penalties in place of up to four years in prison for felony cases. Elder abuse, including both physical and emotional abuse, endangerment, financial exploitation, or neglect of a person over the age of 65, can be classified as either a misdemeanor or a felony depending on the situation. Speak with an elder abuse attorney in California today.
Understanding Elder Abuse Laws in California
In California, California Penal Code § 368 PC applies elder abuse laws that are far-reaching, including numerous forms of abuse. A person may face a misdemeanor offense if a prosecutor can show the following three elements occurred:
- Willful, or with criminal negligence, of subjecting a person to unjustified physical pain or mental suffering, or pain that is unnecessary or excessive
- The conduct endangered or could have endangered the life or health of the person
- The victim was 65 years or older, and the defendant knew or should have known this
Prosecutors may elevate this to a felony charge if they can show that the conduct was likely to produce great bodily harm or death.
Misdemeanor and Felony Penalties for Elder Abuse in California
Misdemeanor charges can lead to punishment that includes:
- Up to a year in county jail
- Fine of $6,000
- Restitution paid to the victim for losses
In some cases, a judge may provide up to two years of summary probation to the defendant instead of jail. This is up to the judge’s determination of what is fair for the situation.
Felony charges for elder abuse in California may lead to punishment that includes:
- Two, three, or up to four years in state prison, depending on the crime, with an additional seven years added if the victim suffers great bodily harm
- Up to $10,000 in fines
- Restitution to the victim for losses
It may be possible for someone convicted of felony charges to get up to five years of formal probation instead of prison, in some cases.
Can Victims of Elder Abuse Sue?
Yes, if you are the victim of elder abuse or the close family members of a person who lost their life due to the abuse from another party, you have the right to pursue civil actions against those responsible. Civil lawsuits are separate from criminal investigations. That means that you must prove the person was negligent for the actions.
An elder abuse attorney in California can help you take action against those who caused you harm. Our elder abuse attorneys will work closely with you to gather evidence, determine the laws, and file a lawsuit against those who caused you or your loved one harm.
Taking legal action matters. While the criminal charges and punishments may apply, they do nothing to rectify the situation and give you justice. With the help of our elder abuse attorney in California, you can secure financial compensation for the losses you incurred as a result of this incident.
Schedule a Free Consultation with an Elder Abuse Attorney in California Now
An elder abuse attorney in California will provide you with clarity on all aspects of family law, including how to get results when someone causes you or your loved one such harm. Set up a free consultation with an experienced attorney now.