The consequences of facing an elder abuse charge in California can be severe. Prosecutors pursue elder abuse charges aggressively, using medical records, financial records, and witness statements to build a case. Being found guilty of elder abuse can mean jail time, heavy penalties, and a criminal record that will tarnish your career and reputation.

Allegations of elder abuse can involve claims of inflicting physical harm, neglect, financial exploitation, or the infliction of emotional abuse. You face an uphill battle against California’s strict elder protection laws without a strong defense. You can count on Monterey Criminal Attorney for legal representation to protect your rights and contest your charges. Having previously dealt with elder abuse cases, we will mount a strategic and aggressive defense against the abuse charges.

Elder Abuse Under California Law

In California, Penal Code 368 criminalizes elder abuse. The law seeks to punish those who commit crimes against seniors 65 years and older. Some of the common forms of elder abuse include the following:

  1. Physical Abuse

When someone purposely uses force against an elder or someone who cannot take care of themselves to cause unjustifiable pain, suffering, or injury, it is considered physical abuse. In other words, it is the intentional infliction of pain to take advantage of their vulnerable state. This form of mistreatment includes:

  • Striking an elder with a fist, hand, or object
  • Slapping, pushing, or kicking, leading to falls or bruises
  • Burning the elder with hot water, cigarettes, or heated objects
  • Choking or shaking them violently can cause fractures and brain injury
  • Binding an elder with excessive restraints like shackling them to a chair or bed
  • Over-medicating or withholding necessary medication

When charged with physical abuse of an elder, the state must demonstrate three issues to secure your conviction. These are:

  • You knew the victim was an elder or dependent adult
  • You did so willfully or with reckless negligence
  • There is a link between your action and the resulting harm. Usually, the evidence will be a bruise or fracture.

If the abuse results in minor injuries without lasting effects, you will be likely charged with a misdemeanor. On the other hand, if the victim suffers from great bodily injury (GBI), like broken bones, or he/she suffers a concussion, prosecutors could pursue felony charges. You will also face felony charges if the victim dies.

  1. Sexual Abuse

Sexual abuse involves the improper and non-consensual touch of an elder and the inappropriate exploitation of the elder’s cognitive decline, vulnerability, or frailty. Sexual abuse is a serious crime that violates the dignity of the victim and can cause damage, including life-long physical and psychological harm. Common offenses associated with sexual abuse include:

  • Forcing sexual intercourse or other acts without consent
  • Fondling, groping, or exposing an elder to unwanted sexual activity
  • Coercing participation through threats or deception
  • Taking pictures or footage of an elder in a sexual context without their consent
  • Engaging in sexual activities while pretending to help with cleanliness

Prosecutors must prove the following for the jury to find you guilty of sexual abuse of an elder, namely:

  • The victim was a vulnerable elder and protected as such by the law
  • You acted with willful intent or at least recklessly, with no regard for the victim’s rights
  • The victim suffered on account of your actions, either physical or psychological. Bruises, injuries, or mental stress could evidence this. Prosecutors will also introduce reports from the rape tests done as evidence.

The prosecution uses physical evidence and witness statements to build its case. Victims could speak personally, and doctors may talk about how the abuse has hurt them physically and emotionally. Forensic evidence, like pictures or videos, can further support the victim’s claims.

Sexual abuse includes rape or sexual battery. The prosecution could pursue misdemeanor charges for sexual abuse, though rarely. In most cases, unwanted touching that causes minimal harm will likely result in misdemeanor charges.

In most sexual abuse cases against elders, prosecutors pursue felony charges. You will likely be charged with a felony if:

  • You are alleged of committing rape or coerced acts
  • The sexual abuse resulted in great bodily injury (GBI) or
  • The victim dies as a result of the sexual abuse

A conviction for sexual abuse will also lead to a requirement that you register as a sex offender per Penal Code 290, which has long-lasting consequences on your personal and professional life.

  1. Emotional or Psychological Abuse

Emotional abuse is the intentional act of inflicting mental pain, often through tactics like intimidation, humiliation, and manipulation. This form of abuse leaves long-lasting scars that may not be visible but can be damaging. The abuse hurts the victim’s emotional and mental state.

Common forms of emotionally and psychologically abusive behaviors include:

  • Screaming slurs or threats, which lowers the victim's self-esteem and creates fear
  • Humiliating an elder by making fun of their physical or mental condition, thus making them feel worthless or ashamed
  • Cutting off the victim from family members or caregivers gives them no support, making them more vulnerable
  • Gaslighting the victim — Gaslighting is a manipulative tactic an abuser uses to create confusion or self-doubt in the victim. Victims of gaslighting end up questioning their memory or reality
  • Ignoring calls for help and intentionally inconveniencing the victim to assert control over them

For prosecutors, proving emotional abuse requires demonstrating the following:

  • The alleged victim meets the legal definition of an elder person or a dependent adult
  • You intentionally harmed the victim through direct action or some kind of neglect
  • You caused the victim serious psychological damage because of your actions.

It is often hard to prove that emotional abuse happened in court because of its intangible nature. So, to establish the abuse, prosecutors are likely to rely on circumstantial evidence like the victim’s behavioral changes or expert testimony. The expert will testify to the state of the victim’s mental health. Most times, they can connect a diagnosis of anxiety, depression, or PTSD to the emotional injury.

Witnesses, like family and friends, could also be called to testify. They will give an account of the victim’s emotional deterioration. Certain witnesses could testify about how the victim’s character, behavior, or associations have changed over time for the worse.

You will likely face misdemeanor charges if the emotional or psychological abuse was in the form of verbal abuse, which caused the victim temporary distress or to feel isolated. In more serious instances where the emotional suffering is so grave that it leads to depression or suicidal thoughts, you will likely face felony charges.

  1. Financial Abuse

Under Penal Code 368(d) and (e), financial abuse refers to knowingly and wilfully misusing an elder’s money, property, or assets for wrongful purposes. Offenders of elder financial abuse take advantage of the elder’s trust, ignorance, or diminished capacity. Family members, caregivers, or even strangers who have access to the elderly often commit this crime. Some examples of financial abuse are theft, scams, forgery, and other fraud schemes targeted at elders because they seem rich or gullible.

Specific actions that would amount to financial abuse of an elder include the following:

  • Taking away any of an elder's money, jewelry, or possessions
  • Creating fraudulent checks, property deeds, or official financial documents and forging the elder’s signature on them
  • Convincing an elderly person to invest in a fake business or charity with promises of high returns
  • Misusing a power of attorney to steal funds for personal gain
  • Forcing an elder to alter their will or gift assets through intimidation or deceit
  • Charging an elder for a service you did not provide, like fictitious caregiving
  • Pocketing money from an elder's pension, bank account, or Social Security checks
  • Selling an elder’s possessions like furniture or jewelry without permission
  • Having an elder sign over their house through fraud or intimidation
  • Pretending to be a professional, for example, a contractor, to obtain payments for non-existent repairs
  • Engaging in telemarketing fraud by calling people at random to sell items with no value and using pressure tactics
  • Offer home repair fraud where you offer unnecessary and also substandard repairs. Offenders overcharge for substandard work like fixing a roof or plumbing.
  • Scamming elders by making them sell property for far less than its market value under false pretenses.
  • Committing credit card fraud or insurance by opening accounts in an elder’s name or billing them for unneeded policies
  • Creating fake documents like forged contracts, fake ID cards, or phony wills to try to steal money or borrow against the senior’s property

These actions take the elder's resources, often leaving them financially broke and emotionally devastated.

A conviction is likely for financial abuse if prosecutors prove the following:

  • The victim is an elder (65 or older) or a dependent adult with an impairment, which is proven by birth or medical records
  • You acted knowingly and with willful intent to defraud or misuse the elder’s property or assets, or you acted with criminal negligence in recklessly disregarding the elder’s rights. A bank statement, forged signature, or other evidence may support your victim’s claims or statements.
  • The elder suffered a loss due to your criminal actions — The severity of the harm is tied to the value of the loss. If the value is over $950, you could face felony charges. On the other hand, you will face misdemeanor charges if the value is less than $950.

  1. Elder Neglect

Neglect happens when you, as a caregiver, do not provide the necessary care to an elder as they require. The elder’s health and safety are at risk because of this neglect. This type of abuse can take many forms and usually involves some omission or failure to act. Examples of negligent acts include.

  • When an elder is deprived of food or water, thus causing them to suffer malnutrition or dehydration
  • Denying necessary medical care, which led to untreated illnesses or infections
  • When you leave an elder in soiled clothing or an unsafe environment, leading to an affected infection or injury
  • Failing to reposition a bedridden elderly person causing pressure sores or ulcers
  • Not giving a mobility aid, which prevents movement and independence and increases the chances of falling

In a case of elder neglect, the following must be true:

  • You owe the elder a duty of care — If you are their caregiver, doctor, or lawful guardian, it is usually apparent that you are responsible for their physical, mental, or medical care
  • You intentionally neglected the elder — The prosecution must show that your failure was not simply due to neglect but rather your conscious or reckless disregard.
  • Your neglect harmed or likely harmed the elder in the situation — This injury can be physical, emotional, or financial, and records back it up.

Evidence of neglect can come in various forms, such as:

  • Proof of unattended injuries or illnesses in the medical records of the elder showing negligence
  • Testimony from other professionals, including a doctor or nurse, who observed the elder’s deteriorating health due to a lack of care
  • Pictures or documents of physical problems, like bedsores, infections, or malnutrition, showing neglect of the elder's physical health
  • Witness reports from family, friends, or others who regularly visit the victim and spot signs of neglect, like poor hygiene, lack of nutrition, or unsafe living conditions
  • Reports from social workers or health inspectors whose findings are that the living environment is unsanitary or unsafe
  • An elder's statement, if they can provide this, can be used as direct evidence of your failure to care for them properly

If the neglect is minor, like a temporary lapse in care or oversight, prosecutors could prefer misdemeanor charges. If the neglect is serious, like depriving an elder of essential care for a prolonged period, causing long-term injury or endangerment, prosecutors will pursue felony charges.

  1. Abandonment

Abandonment occurs when you leave an elder without care or resources, which means you desert them. Common examples of abandonment include:

  • Leaving an elderly person at home without necessary provisions, which include medication, food, or supervision
  • Leaving them publicly without a plan for their return
  • Moving away without securing alternative care
  • Refusing to retrieve them from a medical facility

Despite the above actions, prosecutors must establish your guilt beyond a reasonable doubt. They must demonstrate that:

  • You had a duty of care
  • You willfully abandon or endanger the elderly individual

Prosecutors could charge you with a misdemeanor or felony for abandoning an elderly individual. The more serious your actions and the more danger the elderly individual faces, the more grave the charges.

Defenses You Can Use to Fight Elderly Abuse Charges

You can contest elder abuse charges through various defenses depending on the facts. Some of the common defenses include the following:

  1. Lack of Knowledge of Victim’s Age

If you did not know the victim was elderly or dependent as a defense. California law requires that you know or should have known the victim’s status as an elderly individual. The prosecution would not have met the burden if they failed to prove you knew this. You can also use this defense if you had no reasonable way of determining the victim’s age at the time of the incident. This could lead to reduced penalties or different charges.

This defense acknowledges your wrongdoing, and you could face consequences for it. However, you will be arguing that you should not face elderly abuse charges.

  1. Absence of Willful Intent or Criminal Negligence

On the off-chance that the act was not deliberate or was due to mere negligence, you could dispute the elderly abuse charges. Prosecutors should demonstrate that you acted with willful intent or criminal negligence. In other words, you must have acted with intent to harm or reckless disregard for the victim’s wellbeing. Accidental actions or simple carelessness are examples of acts that lack willful intent or criminal negligence.

For example, if, as a caregiver, you slip while transferring an elder and injure them, or there was a misunderstanding over a financial transaction, these actions could negate criminal intent.

  1. False Accusations

Sometimes, elder abuse charges stem from false accusations. This often happens when family or money issues are in dispute. If the person accusing you has a history of problems like dementia or ulterior motives, then showing that their story is inconsistent or providing an alibi can help.

  1. Self-Defense or Defense of Others

It is a legitimate defense to assert that you acted in self-defense or were defending others. This is particularly the case in physical abuse. For example, if you shove the elder because they had attacked you or someone else, you shove them first to avoid harm.

This defense usually applies to physical abuse charges. However, the force you use should be proportionate to your danger.

  1. You Had Consent

In financial or emotional abuse cases, you could assert that the elderly individual had consented to your actions. For example, if the elder willingly transferred property or funds, there may be no criminal act. However, if the elder lacked capacity, such as suffering from dementia, this could challenge this defense.

  1. Mistake of Fact

If you genuinely misjudged the situation, you could argue a mistake of fact as a defense. For example, if you mistakenly thought a medication was already given to the elderly individual or believe a financial transaction was authorized, this could reduce your liability. The defense should prove the mistake was reasonable using evidence like miscommunications or lack of training.

Penalties for Elder Abuse

Depending on the severity of the offense, California imposes serious penalties for elder abuse. 

  1. Abuse Likely to Cause Great Bodily Harm or Death

If you are convicted of elder abuse likely to cause great bodily harm or death as a misdemeanor, you could face:

  • Up to 1 year in county jail
  • A fine of up to $6,000 or both

If you are convicted on felony charges for elder abuse likely to cause great bodily harm or death, you could face 2, 3, or 4 years in state prison.

You could also face sentence enhancements. If the victim suffered great bodily injury, you could face:

  • An additional 3 years in prison if the victim is under 70
  • An additional 5 years in prison if the victim is 70 or older

If the victim dies, you will face:

  • An extra 5 years in prison if the victim is under 70
  • An extra 7 years if the victim is 70 or older

  1. Abuse Not Likely to Cause Great Bodily Harm or Death

When the abuse is not likely to cause great bodily harm or death, the jury will likely convict you on misdemeanor charges. The offense is punishable by:

  • Up to 1 year in the county jail
  • A $2,000 fine, or both

These penalties remain the same for subsequent offenses.

  1. Financial Abuse

If you are convicted of financial abuse as a non-caretaker with the value of the fraudulent activities of over $950, you will face misdemeanor penalties, including:

  • Up to a year in jail
  • A $2,500 fine, or both

For felony charges, a conviction is punishable by:

  • Up to four years in prison
  • A$10,000 fine, or both

Should the amount involved be $950 or less, the offense is a misdemeanor punishable by:

  • Up to one year in jail
  • A $1,000 fine, or both

If you are convicted of financial abuse as a caretaker and the value in question exceeds $950, you will face misdemeanor penalties, including:

  • A fine of up to $2,500
  • Up to 1 year in jail or both

Should the jury convict you on felony charges, you will face:

  • Fine up to $10,000
  • 2, 3, or 4 years in prison, or both

If you are convicted of financial abuse as a caretaker and the value in question is $950 or less, you will face misdemeanor penalties, including:

  • A fine of up to $1,000
  • Up to 1 year in jail or both

  1. False Imprisonment by Violence, Menace, Fraud, or Deceit

If you hold an elder against their will with violence, menace, fraud, or deceit, you can be charged with a felony. A conviction would result in:

  • 2, 3, or 4 years in prison
  • Court-mandated counseling
  • A restraining order of up to 10 years

Note: A conviction for elder abuse does not prevent prosecutors from charging you with additional crimes, including murder or aggravated assault, if applicable.

Find a Criminal Defense Attorney Near Me

Elder abuse charges can be serious and affect your future. It is important to have a lawyer to fight these charges. A well-versed lawyer can evaluate your case, contest the evidence, and explore tailored to your case. With proper legal assistance, you have a better chance of having your charges reduced or dismissed.

You can rely on the Monterey Criminal Attorney if facing elder abuse charges. We will work hard to defend your rights and help with the case. Contact us today at 831-574-1791 for a consultation and take the first step toward securing your defense. You deserve a strong advocate by your side.