Protecting Individuals from Criminal Charges
Elder abuse is a type of domestic abuse and is a serious crime affecting hundreds of thousands of seniors every year. They are frail and vulnerable, easy targets of neglect, abuse, and exploitation. California’s elder abuse laws are in place to punish those who perpetrate these criminal acts. Unfortunately, elder abuse victims are not just the elderly. Some of the victims include those falsely accused of these crimes. Anyone accused of elder abuse needs a domestic violence attorney who understands these laws and how to defend against them.
If you have been accused of or charged with elder abuse, working with an Orange County elder abuse attorney is essential. Elder abuse cases often carry severe criminal penalties and can include jail time, fines, and other consequences. An elder abuse lawyer on our team can help you create a legal defense strategy to protect you from these harsh penalties.
As Orange County’s leading domestic violence law firm, we have just the right Orange County elder abuse lawyers to help clear your name if you are accused. Marlin G. Stapleton, Jr. and Scott Henry have nearly four decades of experience. Aggressive and knowledgeable with a reputation for excellence, their goal is to get you the verdict you want. They begin by helping you understand elder abuse laws and the process from accusation to having your name cleared. For a free consultation, call the Law Office of Scott Henry at (714) 294-0599.
What is Elder Abuse?
Elder abuse is defined as any abuse toward an elderly or disabled person. Any kind of abuse can be classified as elder abuse if the individual is older or has a disability. In many cases, elder abuse victims are unable to speak up or advocate for themselves.
Penal Code 368 PC covers the following violations.
- Physical abuse – This results in physical harm caused by the abuser or suffering caused by the abuser or allowed by the abuser. It may result in death. It is unjustifiable.
- Emotional abuse – This results in emotional suffering or mental anguish caused by the abuser or allowed by the abuser. It is unjustifiable.
- Neglect and endangerment – Placing a senior in situations where their health and safety are compromised. This can involve personal hygiene, clothing, shelter, and other needs.
- Financial abuse – Includes theft or embezzlement of a senior’s property or identity by the abuser.
- Sexual abuse – Non-consensual, forced interaction or touching of any kind with an elderly person.
In most elder abuse cases, the accused is a family member or a caregiver. Caring for an elderly individual is a significant task that many people find overwhelming, which can lead to mistakes or errors. Unfortunately, these mistakes can sometimes lead to accusations of elder abuse.
You can even be accused of elder abuse if you witnessed or knew about abusive behavior but did not step in to stop it. Regardless of your situation, you could be facing severe criminal penalties for an elder abuse charge. Contact an Orange County elder abuse defense lawyer on our team to protect your rights.
Who is Considered an Elder or Dependent Adult?
Under California law, an elder is any person above 65 years of age. Elder abuse not only covers abuse cases for the elderly but also for dependent adults. A dependent adult is anyone between the ages of 18 and 64 years old who has physical or mental limitations that impact their ability to perform normal activities. In most cases, dependent adults have a physical or mental disability that affects their ability to care for themselves.
Dependent adults can suffer from physical abuse, emotional abuse, neglect, and financial abuse. Elderly abuse covers any dependent individual who cannot provide themselves with proper care.
Prosecution’s Case
When an accusation is made, the Orange County District Attorney’s Office decides whether it has merit and whether to pursue the case. Prosecutors must prove what is known as elements of the crime, which are as follows:
Misdemeanor Elements of the Crime
- The accused willfully or with criminal negligence subjected an elderly person to unjustifiable physical harm or mental suffering, or the accused allowed someone else to commit these acts.
- The accused knew or should have known that the victim was elderly.
- The conduct of the accused occurred in a situation that may have threatened the health or life of the elderly victim.
Felony Elements of the Crime
- The accused willfully or with criminal negligence subjected an elderly person to unjustifiable physical pain or mental suffering, or the accused allowed someone else to commit these acts.
- The accused knew or should have known that the victim was elderly.
- The conduct of the accused occurred in circumstances that were likely to produce great bodily harm or death of the elderly victim.
The burden of proof is on the prosecution. Prosecutors must present evidence to prove that you willfully or negligently committed abusive acts. Our local attorneys could assess your elder abuse case and determine how to best defend against the prosecutor’s case.
Elder Abuse Penalties in Orange County
Prosecutors consider the facts of the case and the criminal history of the defendant when deciding whether to try an elder abuse case as a misdemeanor or felony. Penalties may include the following:
Misdemeanor penalties
- Informal or summary probation
- One year in county jail
- $6,000 fine for the first offense
- $10,000 fine for subsequent offenses
- Restitution to the victim
- Counseling
Felony penalties
- Formal probation
- Up to $10,000 in fines
- Two to four years in a California state prison (three to seven more years in prison if the victim suffered great bodily harm or death)
- Restitution to the victim
- Counseling
Having an elder abuse conviction on your criminal record can also impact your ability to get a job in the future, especially if you want to continue working with elderly or disabled adults. Many landlords and property managers are hesitant to rent to convicted criminals, making securing housing difficult. Some educational institutions may also reject your application outright if you have a criminal conviction on your record. Our Orange County lawyers could help you minimize any penalties you may be facing during your elder abuse case.
Potential Legal Defenses for Elder Violence Accusations
Fighting charges of elder abuse are often challenging because those accused tend to be the caregiver of the supposed victim. The accused and the victim may be related or have a deeper relationship than caregiver and patient. Because many older adults are sick or fragile, they are easier to take advantage of. It is also easy to mistake abuse in a population that bruises easily, is unsteady on their feet, and tends to be confused or forgetful.
Your accuser may be the alleged victim who is confused or lying, or it could be someone looking at the situation who thinks abuse is occurring. Sometimes, those who suspect elder abuse don’t consider contributing factors, but your attorney in Orange County will.
- Accidents – An elderly person in your care may be injured as a result of an accident. For example, if you are helping the patient move and accidentally drop him or her. That is an accident that was not willful or criminally negligent.
- Falsely Accused – People lie, and people make mistakes. Someone may deliberately try to get you into trouble, or someone may see bruises and assume the worst without knowing the facts.
- Mistaken identity – Sometimes elder abuse happens, and you are falsely accused of committing the crime. The accuser correctly reports the abuse, assuming you are to blame when someone else is actually at fault.
- Insufficient evidence – Everything boils down to proof. If there is little to no evidence you committed elder abuse, the prosecution can’t win its case. While they point to physical signs of abuse, an expert witness for the defense can show how the injuries are consistent with an accident or illness.
- An isolated incident – Working with the elderly is often stressful, challenging, and physically demanding. Sometimes, you hit a breaking point and lash out, and maybe you did commit elder abuse. But was it intentional or a reaction to something? Does it happen regularly, or was it a one-time event that will never happen again? Convince the judge and jury that your actions were stress-related because of the situation, and you may gain their sympathy and lesser penalties.
Other Orange County Elder Abuse Offenses
Penal Code 368 is one of several California laws regarding elderly abuse. There are others which also require a good defense to be acquitted of. They include:
- Penal Code 242 PC battery – The unlawful and willful use of violence or force on another person.
- Penal Code 261 PC rape – Having nonconsensual sex with an elderly person through fraud, threats or force.
- Penal Code 187 PC murder and Penal Code 192 PC involuntary manslaughter – Charged in addition to elder abuse if committed with malice aforethought or criminal negligence.
- Penal Code 422 criminal threats – Threatening to harm a senior, making them fear threats of harm, or actually causing harm to a senior after threatening them.
- California domestic violence laws – Elder abuse committed against a spouse, significant other, or family member ups the charges to domestic violence. Penalties are harsher.
- Penal Code 401 PC aiding a suicide – Encouraging or aiding in an elder’s suicide.
Are Care Custodians Held to Higher Standards?
Under California law, a care custodian is any individual who provides health or social services to a dependent adult. In most cases, care custodians are nursing home caregivers or home caregivers who administer medicine, assist with hygiene, and perform other daily tasks, like grocery shopping.
Care custodians are typically held to a higher standard than family members are during elder abuse cases. Care custodians can be convicted of elder abuse if their actions were criminally negligent. The prosecution must prove that your failure to act caused the elder adult to suffer great bodily harm. Care custodians can also be convicted if their actions were willful and caused harm or suffering.
Being convicted of elder abuse as a care custodian not only carries criminal penalties but will likely impact the rest of your professional career. If you have an elder abuse conviction on your record, it is unlikely that you will be able to work as a caregiver in the future. To fight for your rights and protect your job prospects, reach out to our team of elder abuse attorneys today.
What Does an Elder Abuse Attorney Do?
Working with a team of experienced elder abuse attorneys is the best way to navigate elder abuse charges. Abuse is a serious offense, and many individuals face lengthy prison sentences and other consequences.
Our team will help you by taking the following steps:
Interview the Victim
Our attorneys can hire a professional investigator to speak to the alleged victim in a way that is not intimidating. By doing this, we can learn more about the allegations against you plus determine how the prosecution might be handling your case.
Review Financial Records
If you are facing allegations of financial abuse, our team will go over your financial records and the records of the alleged victim. We will investigate all questioned transactions to determine where the money came from and use that evidence in your defense.
Interview Friends and Family Members
Your loved ones can attest to your high moral character and your general nature. We will use these testimonies to prove that you are a caring and compassionate person.
Negotiate with Prosecutors
In some cases, the prosecution may be willing to offer a plea deal. We will reach out to prosecutors to negotiate a plea bargain that is in your best interest. If a plea deal is not right for you, we will advise you of your next steps and your legal options.
Build Your Defense Case
If your case goes to trial, you will need a strong defense to protect you from criminal penalties. Our team will work tirelessly to build you a solid legal defense strategy and present evidence in your defense to reduce or remove the penalties you are facing.
Speak with an Orange County Elder Abuse Attorney
As you can see, the state takes elder abuse seriously. If charged, prosecutors may aggressively pursue your conviction. While the burden of proof is on them, it’s up to you to mount a great defense with a great Orange County elder abuse lawyer who will counter the prosecution’s claims.
We are an Orange County criminal defense law firm focused on people accused of domestic violence. Our team has years of experience in elder abuse, domestic violence, and other types of cases. We work tirelessly on your behalf to make sure you are not convicted of these charges. Call the Law Office of Scott Henry at (714) 294-0599 to learn more about elder abuse.