Elder abuse in San Diego is a law that is rarely discussed. But as the senior population increases, it has been on the rise. It can affect every type of person 65 or older, regardless of wealth, race, or social background. Elder abuse covers multiple crimes in a variety of situations. Elder abuse can be in the form of:
- physical abuse
- emotional abuse
- neglect and endangerment, and
- financial fraud
With such a wide definition, being convicted of elder abuse presents a challenging case. False accusation and arrests could easily go unnoticed. When elder abuse is reported, whether by a concerned family member, friend, doctor, or caregiver, the police receive the complaint and pass it on to the prosecuting attorneys. If the attorneys decide to file the charges, the complications of defending yourself begin.
Elder abuse allegations are often directed towards innocent individuals. The senior victim may be confused, making false claims. An angry family member, wanting financial control over the senior victim, may report another family member. Or a well-meaning friend or family member may report elderly abuse without all the facts. Probation and counseling, with up to 4 years in prison and $10,000 in fines, are just some of the mandatory punishments.
With such complex laws, you need a dedicated team of San Diego criminal defense attorneys on your side. Bradley R. Corbett and our team have the knowledge and experience to help you through such a difficult time.
San Diego attorney Bradley R. Corbett and our team of legal experts know what to do to make sure you have the best defense. Depending on the details of the case, we may argue that:
- the injury was the result of an accident,
- you were falsely accused by others,
- your identity was mistaken with someone else’s, or
- there is insufficient evidence.
Elder abuse is a serious charge, with lasting consequences and connotations. And making sure a loved one is protected from elder abuse is essential to your peace of mind. Having a dedicated defense is important for making sure you and your reputation stay protected. Don’t hesitate. Call Bradley R. Corbett and our team of San Diego criminal defense lawyers today.
Nursing Home Abuse California Penal Code 368
Elder abuse is specially aimed at anyone who is 65 years or older. There are four ways to have an elder abuse case. They are 1) Physical abuse to the elder person 2) Placing the elderly person in a situation where it could cause drastic injury or even death 3) Emotional harm 4) Monetary harm (Acting reckless with the persons money). There are 3 defenses to Nursing Home Abuse.
Defenses
The three defenses are 1) Someone is wrongfully arrested 2) There was insufficient evidence to show proof of any of the above categories 3) Mistaken identity (You were arrested when it was a different employee).
Penalties
California Penal Code 368 is a wobbler, which means the state may charge a person with elder abuse as either a misdemeanor or a felony. If it’s a misdemeanor the person faces 1) Probation, 2) A maximum of one year in county jail 3) Maximum fine of $6,000 4) Restitution to the elder person 5) Counseling.
If its considered a felony then the person faces 1) Probation 2) 2 to 4 years in California State Prison 3) Maximum fine of $10,000 4) Restitution 5) Counseling.