Elder abuse is defined by California Penal Code § 368 PC as the physical or psychological abuse, neglect, financial exploitation, or endangerment of a victim who is 65 years of age or older. Elder abuse is punishable by up to four years in prison as a felony or a misdemeanor.
Elder abuse examples could include:
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Refusing to feed an elderly parent who is unable to take care of himself.
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An elderly patient is being severely made fun of by a caregiver for being wheelchair-bound.
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A 90-year-old neighbor was tricked into making him the only beneficiary in the elderly person’s will.
Our Los Angeles elder abuse lawyer acts quickly to safeguard elderly people who are at risk by looking into facilities and caregivers and speaking with financial and medical professionals. Get in touch with Fassonaki Law Firm, P.C. right now for a free and private consultation.
What are the key elements of California Penal Code §368?
In California, prosecutors must establish certain elements beyond a reasonable doubt in order to convict someone of elder abuse under Penal Code §368 PC. These factors are applicable to both misdemeanor and felony charges; the only distinction is the extent of the harm.
For misdemeanor elder abuse, the prosecution must show that:
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The defendant willfully or with criminal negligence subjected an elderly person (aged 65 or older) to unjustifiable physical pain or mental suffering.
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The conduct could have endangered the life or health of the elder.
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The defendant knew or should have known the victim was an elder.
For felony elder abuse, prosecutors must further prove that the conduct was likely to cause great bodily injury or death.
Under elder abuse law in California, acting willfully means the conduct was intentional, even if not meant to break the law. Criminal negligence involves reckless disregard for human life or safety.
Example: In one case, a 79-year-old woman suffering from Alzheimer’s nearly died of dehydration after her caretaker failed to provide food or water for a week. Such extreme neglect demonstrated felony-level criminal negligence under elder abuse PC 368.
Types of Elder Abuse in California?
According to California’s Elder Abuse and Dependent Adult Civil Protection Act (Welfare & Institutions Code §15610), “elder abuse” includes not only physical abuse but also:
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Financial exploitation, also referred to as “senior fraud” or “elder financial abuse,”
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Neglect and endangerment, which entails putting the elderly in a situation that jeopardizes their health and safety,
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and financial exploitation, which frequently manifests as exclusion or mockery.
Keep in mind that in order to convict you of financial abuse, the prosecution must demonstrate the following three elements:
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You were a caregiver for someone 65 years of age or older.
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You knew that the victim was elderly.
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You committed a financial crime (such as theft, fraud, or embezzlement)
What Are the Defenses Against Elder Abuse Charges in California?
In our experience, understanding how prosecutors prove elder abuse in California is key to building a strong defense. The following three strategies have often proven effective in negotiating Penal Code §368 (elder abuse PC) charges down to a reduced offense or complete dismissal.
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There was no deliberate action. Even if an elderly person is gravely injured in an innocent accident, it is still not a crime. We can frequently raise a “reasonable doubt” regarding the element of “criminal intent” by carefully reviewing all the available evidence.
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You took action to protect yourself. If someone attacks you, you have the right to respond with appropriate and proportionate physical force, even if they are elderly.
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You were wrongly charged. Angry patients or their relatives frequently falsely accuse caregivers of abuse. You should not be found guilty if we can undermine the accuser’s credibility and demonstrate why they lied about you.
Here at Fassonaki Law Firm, P.C., we have handled numerous cases involving abuse allegations, including elder abuse in California.
What are the elder abuse penalties?
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Misdemeanor: Up to 1 year in county jail (in some cases), fines (vary), plus possible restitution.
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Felony: Up to 4 years in state prison for PC 368 (b)(1) if circumstances are likely to produce great bodily harm or death.
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Additional enhancements: If the victim is over age 70 or dies, additional prison years may apply.
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Financial elder abuse: Subsections (d) & (e) of PC 368 address theft/embezzlement by non-caretakers and caretakers, respectively; fines and terms vary depending on the value of the property.
Why do victims need an elder abuse lawyer?
Before you report elder abuse in California, it’s crucial to see an expert elder abuse lawyer who can defend your rights, assist you through the process, and help hold the abuser accountable.
Dual axis: Criminal & Civil
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While the State may prosecute someone under PC 368, as a victim or family member, your path may involve civil litigation (personal injury claim, negligence claim, facility liability) where you can seek compensation for medical bills, pain and suffering, emotional distress, and punitive damages.
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A specialized elder abuse lawyer understands both the criminal statute and the civil claim options.
Complexities of elder abuse cases
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Nursing homes, assisted-living facilities, and caregivers often involve complex facts: duty of care, breach, foreseeability, and proof of neglect/abuse.
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Financial exploitation often involves forensic accounting, tracing assets, undue influence, and fiduciary relationships.
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Time limits (statutes of limitation) vary for civil claims; delaying may eliminate your rights.
What should you do if you suspect elder abuse in California?
Taking action early can protect your loved one’s physical safety and preserve legal rights.
Step-by-step guidance:
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Ensure safety first: remove the elder from immediate danger if possible; call 911 if imminent harm.
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Document everything: photographs of injuries or conditions, written notes of what you observed (dates/times), names of people involved, and copies of financial statements if you suspect exploitation.
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Report the elder abuse:
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If in a facility (nursing home/assisted living), then contact the facility’s management.
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Report to California Adult Protective Services (APS) and/or local law enforcement. Many states (including California) have mandatory reporters in certain professions or facilities.
Consult an elder abuse lawyer, such as Fassonaki Law Firm: we will evaluate both civil and criminal aspects, preserve evidence, and advise on rights.
How Fassonaki Law Firm helps with elder abuse cases in California
At Fassonaki Law Firm, P.C., we specialize in complex personal injury and elder abuse cases. Here’s how we serve you:
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We understand the emotional stress families face when dealing with elder abuse. We work respectfully, keeping you informed at every step.
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Proven experience handling complex personal injury and negligence cases, including auto collisions, dog attacks, and premises liability claims.
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We evaluate criminal statutes (such as PC 368) and civil claims for negligence, facility liability, financial exploitation, life-care planning, and compensation.
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Magna cum laude law graduate and consistent Dean’s List honoree, reflecting exceptional dedication and mastery of legal principles
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Our team consults medical experts, forensic accountants, and care-facility compliance specialists and obtains vital evidence.
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Many elder abuse matters involve nursing homes or assisted-living operators who breach duty of care. We have experience suing corporate providers, caregivers, and fiduciaries.
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In addition to compensatory damages (medical costs, pain & suffering), we seek punitive or enhanced damages where applicable (e.g., gross negligence or financial exploitation).
At Fassonaki Law Firm, P.C., we protect both victims and those wrongly accused. Call us at 323-524-8994 for immediate legal guidance.
Frequently Asked Questions (FAQs)
What is the difference between elder abuse and dependent adult abuse in California?
“Elder abuse” under PC 368 typically refers to victims aged 65 and over; “dependent adult” means someone 18-64 who has physical or mental limitations restricting their ability to carry out normal activities or protect their rights.
How old must someone be before elder abuse laws apply in California?
For the “elder” classification, age 65 or older. But the statute also covers dependent adults under 65 with impairments.
Can I sue a nursing home for elder abuse in California?
Yes. Beyond criminal prosecution under PC 368, you may file a civil claim for negligence, breach of duty, and financial exploitation and seek damages. Many elder abuse lawyers handle these cases.
What penalties can someone face for elder abuse under PC 368?
Penalties depend on severity. A misdemeanor charge might carry up to 1 year in county jail; felony charges can carry up to 4 years in state prison, plus fines and enhancements (especially if the victim is 70+ or death resulted).
Q: Do I need a lawyer to handle an elder abuse claim in California?
While you can certainly start by reporting the abuse, working with an experienced elder abuse/personal injury lawyer is highly advisable, especially when dealing with complex care-facility liability or financial exploitation.