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.
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 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.
Penal Code 368 PC covers the following violations.
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
Felony Elements of the Crime
Our local attorneys could assess your elder abuse case and determine how to best defend against the prosecutor’s case.
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:
Our Orange County lawyers could help you minimize any penalties you may be facing during your elder abuse case.
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 that 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.
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-relation because of the situation, and you may gain their sympathy and lesser penalties.
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:
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 that 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 us to learn more about elder abuse.