Being accused of elder abuse is a very serious allegation that should not be taken lightly. Unfortunately, many people face these allegations for a number of reasons, whether it is because a family member wants to get back at them or because the older adult they are caring for has a degenerative disorder that skews their perception of events. Regardless, you must take these accusations seriously, so familiarizing yourself with the penalties you could face if convicted of this crime is critical. Keep reading to learn more about this offense and why it’s imperative to connect with a Sacramento criminal defense lawyer who can help you navigate these complicated matters.
What Constitutes Elder Abuse?
Elder abuse can be charged against anyone who knowingly and intentionally inflicts physical, mental, or emotional harm against someone over the age of 65. However, these charges also include neglect and financial exploitation. Common examples of elder abuse include:
- Withholding basic needs (food, water, shelter)
- Failing to administer medication
- Physical attacks
- Coercing an older adult into signing over their banking information
- Sexual abuse
- Using physical restraints
- Threats
- Humiliation
Essentially, to convict you of this crime, the prosecution must prove three things. First, they must show that the abuse occurred, that you knew the conduct would place the victim in danger or could result in great bodily harm or even death, and that you knew the victim was over the age of 65. If the prosecution can prove these three elements, they can successfully convict you of this offense.
How Does California Punish This Offense?
The penalties for an elder abuse offense in California can be severe. This is because abusing, exploiting, or neglecting an elderly person is considered especially heinous in the eyes of the law as they are considered a vulnerable group.
In California, elder abuse is a “wobbler crime.” This means that depending on the circumstances of your case, this can be a felony or misdemeanor. If you are charged with a misdemeanor, this carries up to one year in county jail. However, a felony offense will warrant up to four years in a state prison.
The difference in whether or not you face a misdemeanor or felony lies in the act itself. If it could potentially endanger the health or life of the victim, it will be considered a misdemeanor. However, if the conduct was likely to cause significant bodily harm or death, it would be a felony.
When you are facing this crime, it’s imperative to connect with an experienced criminal defense attorney from the Law Offices of Dale R. Gomes. Our firm understands how difficult it can be to protect yourself when accused of heinous crimes, which is why we will examine all potential defenses to fight for the best results outcome. Contact our team today to learn how we can assist you.