Domestic violence crimes like elder abuse are some of the most severe crimes in the state. You should expect the state to prosecute elder abuse charges seriously. So, if you or someone you know is facing allegations of elder abuse, it's vital to speak with a highly skilled defense lawyer who can help you fight the allegations.
This article delves deeper into the definition of an elder abuse offense, the elements that the prosecution must prove to get a guilty verdict, the consequences, possible defenses, as well as related crimes. If you are facing elder abuse charges in Santa Ana, get in touch with us at the California Criminal Lawyer Group as soon as possible.
An Overview of Elder Abuse
Abuse towards the elderly is becoming more widespread. This can be related to the reality that the elderly are an endangered group. The risks are even significantly high for seniors who suffer from serious illnesses like dementia or are disabled. According to research conducted by the National Center on Elder Abuse, 6 million incidences of elder abuse are recorded in the US annually. Out of all this, California attributes 11 percent of the reported incidents.
Elder abuse can take various forms, including verbal, sexual, financial, physical, and emotional abuse. An elder abuse crime could result in severe physical injuries, long-lasting psychological effects, as well as significant financial losses. The saddest part is that most elder abuse cases go unreported. According to research, only one out of every fourteen incidents of elder abuse is reported. It could be due to victims feeling embarrassed, powerless, or even scared.
In other cases, the victims' friends and family may be unaware of the warning signs of abuse to the elderly and thus fail to detect them. On the other hand, several individuals have been wrongfully charged and even found guilty of elder abuse. Most of the time, malicious or jealous friends or family members fabricate lies to tarnish an innocent defender's image.
Understanding Elder Abuse Under California Law
An elder abuse offense is described under California's PC Section 368. The provision begins by recognizing that any elderly person deserves special attention and consideration. In this case, an elderly person is defined as someone aged 65 or older. An elder abuse offense is classified as a 'wobbler crime' in California, which means it's charged as either a misdemeanor or felony offense.
An elderly abuse crime occurs when an individual knowingly causes or lets an elderly person suffer or wreaks unreasonable suffering or pain on the senior. This misery or pain would or would not lead to physical injury or death. Financial exploitation of the elderly is another form of elder abuse. In such an instance, the defendant steals, embezzles, defrauds, or forges the senior's property or identity.
A caretaker for a senior can also perpetuate elder abuse if they knowingly cause or subject the elderly person to get hurt or put in a condition that jeopardizes their health. In this case, a caretaker is someone who has custody, control, or care of a senior. It also involves someone who has earned the trust of the elderly person.
Elements of the Crime
In general, the prosecutor needs to prove that the defendant was aware of or that he/she had reasonable grounds to believe that the plaintiff was a senior and that he or she perpetrated the offense willfully. It's important to keep in mind that the burden of proof is determined by the specific provisions of PC 368 under which you've been charged, as indicated below:
California PC 368b: An Elder Abuse Offense Perpetrated in a Way Likely to Cause Serious Physical Injury or Loss of Life
Under this section, elder abuse can be charged as either a felony or a misdemeanor offense. A prosecutor must establish the following elements to secure a conviction:
- Reasonable grounds that the plaintiff is a senior citizen
- The defendant willfully engaged in the act
- The defendant's actions were likely to cause the victim physical harm or loss of life
- The caretaker defendant knowingly caused or let the senior suffer unjustified agony
The following elements have been described in detail:
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Reasonable Grounds for the Victim’s Age
The prosecutor must prove beyond any doubt that the defendant knew or had grounds to believe the victim was an elderly person. A guilty verdict under this provision would be difficult if the prosecution failed to establish this.
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The Defendant's Intentional Action
There must be proof that you intended to commit the offense. If the proof shows otherwise, it would be impossible for the prosecutor to get a conviction. An intentional action shouldn't include provocation or coercion by the elder or anybody else.
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The Actions of the Defendant are Likely To Cause Physical Harm or Loss of Life
The prosecution must additionally prove that you committed the offense in a way that was likely to cause serious bodily injury or loss of life to the elder. If there's no evidence of actual physical harm or loss of life, you can't be held accountable for elder abuse allegations under this clause.
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Caretaker Defendant
Assume you are facing charges under this provision as the elder's caretaker. In that situation, the prosecution must show that you intentionally permitted or caused the elderly person to endure unjustified physical or mental anguish. Additionally, a prosecution can obtain a successful guilty verdict against the defendant if they can show that he or she intentionally caused or subjected the senior to dangerous conditions.
PC 368e: Financial Elder Abuse By Caretakers
Elder abuse is charged as a misdemeanor under this provision. The prosecutor's key burden of proof is the caretaker's involvement, as described further below:
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Caretaker Involvement
The prosecutor must prove that the elderly person was in your care or custody at the time you perpetrated the offense. The acts should include either theft, fraud, embezzlement, forgery, or identity theft involving the elder's possessions or personal information.
PC 368d: Financial Elder Abuse By Someone Who is Not a Caretaker
An elder abuse offense can be charged as a felony or a misdemeanor under these provisions. The elements under this provision include:
- Knowing the victim's age
- The defendant is not a caretaker.
- The defendant perpetrated embezzlement, theft, fraud, or forgery.
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Being Aware of the Senior's Age
The prosecution must demonstrate that you knew or had a reasonable belief that the complainant was a senior at the moment of the offense.
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Non-Caretaker
The perpetrator should not be the elder's caretaker. The perpetrator can be the victim's friend, family member, or neighbor. It's also possible that the perpetrator is a stranger to the senior.
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Fraud, Theft, Embezzlement, or Forgery
The prosecution must prove that the offense was done through stealing, embezzling, or forging. The theft must involve the elder's personal property or personal identifying information.
PC 368C: Elder Abuse That Doesn't Result in Serious Physical Injury or Death
A defendant is likely to face misdemeanor charges under the provisions of PC 368c. The prosecution must establish the following elements to be found guilty under these provisions:
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Reasonable Belief About The Plaintiff'S Age
The prosecution must show that you were aware or had reason to believe that the plaintiff was aged 65 or older. As previously stated, an elder under California PC 368 is defined as someone aged 65 or older.
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Defendant Allowed or Caused The Elder To Suffer Unjustifiable Pain
The prosecution must prove that your conduct caused or allowed the senior to experience unjustified pain. More specifically, there ought to be a direct connection between the offender's acts and the elder's grief. Unjustifiable pain relates to discomfort that is severe in the context.
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Voluntary Action
The offense must be deliberate. There must be no doubt in any way to show the accused was compelled or forced to perpetrate the offense.
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No Need For Severe Physical Harm Or Loss Of Life
It's not required that elder abuse be committed in a way that is likely to cause serious physical harm or loss of the victim's life. This means that the prosecution can get a guilty verdict if it can be proven that the senior was harmed in any way under this clause.
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Caretaker Defendant
A prosecutor must prove that you knowingly allowed or subjected the senior to get injured in situations where you're the caretaker. If there’s reliable proof that you enabled or placed the senior to be in a condition that puts his or her health in danger, you could be prosecuted under PC 368c.
Consequences For an Elder Abuse Offense
The consequences for elder abuse vary depending on the precise provisions of California's Penal Code with which you have been charged, as shown below.
PC 368b: An Elder Abuse Offense Likely To Lead To Serious Physical Harm Or Loss Of Life
When facing charges under this section, you could be convicted of a felony or misdemeanor offense. A misdemeanor of elder abuse carries a jail time of no more than 1 year or hefty fines of $6,000. Felony elder abuse, on the other hand, is punishable by serving 2, 3, or 4 years in prison. If the elder was severely injured, you could face an additional sentence in prison:
- 3 years when the elder is under the age of 70
- 7 years where the senior is aged 70 or older
Similarly, if the victim died as a result of the abuse, you could face an additional 5 years in prison if the senior was under the age of 70, and 7 years if the elder was aged between 70 years and above.
However, if you're found guilty of a single crime under both sections two and three of PC 368, you cannot get an additional prison term. Furthermore, if you are found guilty under both provisions PC 368c 2, 3 and PC 12022.7, you will not be sentenced to an additional period of imprisonment.
PC 368c: Elder Abuse Not Likely To Cause Serious Physical Harm Or Loss Of Life
As previously stated, PC 368 c is classified as a misdemeanor. It carries a six-month county jail sentence or a cash fine of $1,000.
PC 368d: Financial Elder Abuse By Someone Who is Not a Caretaker
The penalties under this section are determined by the property value involved. If the value of a property is less than $ 950, the crime is charged as a misdemeanor punishable by a year in prison, a cash fine of $1,000, or a combination of both.
If the property's value or amount surpasses $950, you could be charged with elder abuse as a felony or a misdemeanor. A misdemeanor charge carries a sentence of 1 year in jail or a hefty fine of no more than $2,500. A felony conviction, on the other side, carries a sentence of 2, 3, or 4 years in prison as well as a hefty fine of $10,000.
PC 368e: Financial Elder Abuse By a Caretaker
If the value of the property is less than $ 950, the crime is considered a misdemeanor, punishable by a year in jail, a fine of no more than $1,000, or a combination of both. When the value of the property surpasses $950, you could face charges of an elder abuse offense as either a felony or a misdemeanor. A misdemeanor charge carries a 1-year sentence in jail and a fine of no more than $2,500, while a felony charge carries a sentence of 2, 3, or 4 years in prison and/or a cash fine of no more than $10,000.
Other Penalties
Aside from incarceration and hefty fines, the courts could also convict you to serve probation time or issue you a restraining order. The following are some of the additional or alternative penalties:
Restraining Order
Once a perpetrator is found guilty of an offense under PC Section 368, the court could impose restraining orders against the senior. A restraining order could be imposed irrespective of whether the offender is sentenced to state prison, county jail, or probation.
The courts decide how long a restraining order will last, which could last up to ten years. The term of the restraining order is determined by the court based on several considerations. Such elements include the possibility of repeat violations, the magnitude of the crime, and the victim's and their close family's safety.
Probation
As a condition of probation, the courts could order that an individual found guilty of PC 368 obtain appropriate counseling. The perpetrator is responsible for the counseling program's expenses, as determined by the court. The court takes into account the defendant's ability to cover the costs. As a result, even if a person cannot afford treatment, he or she could be sentenced to probation.
What Factors Does The Court Take Into Account During An Elder Abuse Conviction?
The penalties for elder abuse offenses are determined by several factors. Among these are:
Presence Of Aggravating Elements
Where aggravating conditions are present, the defendant would receive heavier punishment. The following are examples of aggravating elements:
- Vulnerability—The perpetrator would receive a harsh penalty if the senior was completely vulnerable, such as being terminally ill or a disabled elder, as opposed to when the complainant is healthy
- Age—If a complainant is of advanced age, the perpetrator will face a harsher penalty. For example, if the perpetrator is found guilty of elder abuse and the complainant is aged 65 years, the perpetrator could receive a lighter sentence than a person in a situation whereby the plaintiff is aged 90 years old
Past Convictions
If the prosecutor demonstrates that you had perpetrated previous violations, you will face a harsh penalty, just as you would in any other criminal case. This means that a 1st-time offense could attract probation, whereas a repeat offense could attract harsher penalties, such as a lengthier prison sentence.
Mitigating Factors
When an offender demonstrates enough mitigating circumstances, the court could be more lenient in his or her punishment. Mitigating elements could include your excellent behavior following an arrest, the perpetrator's minor contribution to the crime, or their public display of contrition in court.
The Kind Of Abuse
An elder abuse offense can take many different forms. When convicting an offender, the court examines the gravity of the offense. An elder abuse offense that causes serious physical harm or loss of life would attract harsher consequences than property-related offenses.
Common Legal Defenses For Elder Abuse
If you believe you’re innocent, you shouldn't have had to bear the burden of false allegations. As a result, it's critical to build a solid defense plan that would result in your acquittal. A competent defense attorney can assist you in weighing your alternatives by analyzing the facts of your case and developing a strong defense strategy.
There Is No Proof Of Abuse
To obtain a guilty verdict, irrefutable evidence demonstrating the allegations of abuse should be shown. You must demonstrate that, while the elder claims to have been mistreated, there is no proof of the alleged kind of elder abuse. This can be financial exploitation, physical abuse, neglect, or emotional abuse.
Evidence from an elder expert or medical professional could be useful in proving this argument, especially if the elder alleges emotional or physical abuse. These specialists can undermine the case by claiming that the scars or physical injuries are the results of aging rather than deliberate conduct.
Self-Defense
When engaging in self-defense, it's obvious that you are not criminally accountable. This defense could be useful in situations where the senior is well known to become violent or aggressive. It becomes even more advantageous when there are legitimate medical records showing the senior's violent tendencies.
For you to win the case, you must show that the grounds were justifiable and that you were in danger of physical harm and therefore used appropriate force to protect yourself. However, it's critical to demonstrate that the amount of force applied was appropriate to that threat. For instance, you can’t argue to have gunned down a senior in your defense after being slapped by him or her.
False Accusation
In this case, you can claim that the accusations levied against you are false. The allegations could be made up by an individual who is hell-bent to tarnish your reputation.
The Action Was Not Intentional
As previously stated, willfulness is a necessary element for an accused to be found guilty of an elder abuse offense. When using this for your defense, you must show that your action was not intentional. A good example is acknowledging that physical harm was present, but that the action was unintentional.
The Victim Was Under The Age Of 65
Although it is extremely unlikely, there is a possibility that the plaintiff is under the age of 65. You could use this argument as a defense strategy if there's a reason to believe that the person is younger than 65 years.
Unaware Of The Victim's Age
The prosecution needs to establish that the accused was cognizant that the plaintiff was a senior to get a guilty verdict. As previously stated, an elder under provisions of PC 368 is defined as anyone who is aged 65 years old and above.
You could claim that you assumed the individual was younger than 65 years old, especially if he or she appears to be considerably younger. If you can successfully demonstrate this, the prosecutor will be unable to pursue elder abuse conviction against you.
Related Offenses To Elder Abuse
An elder abuse offense can be linked to several other California crimes. Aside from elder abuse, you could face charges with either one of these offenses. The related crimes include:
- Embezzlement PC 503
- Grand Theft PC 487
- Battery PC 242
- Criminal Threats PC 503
- Rape PC 261
- Petty Theft PC 484
- Domestic Violence PC 273.5
- Lascivious or Lewd Acts PC 288(2)
- Domestic battery PC 243e (1)
- Mandated Reporters of Abuse WIC 15630
- Long-Term Health Care Facility Offenses- HSC 1290 (c)
Find A Santa Anan Criminal Lawyer Near Me
We at the California Criminal Lawyer Group are one of the top-tier criminal defense law firms dealing with elder abuse charges in Santa Ana. Our attorneys will listen to your case and help devise a suitable defense strategy. Call us anytime at 714-844-415.
