Definition

Elderly Abuse under California Penal Code Section 368, is a criminal offense and it is normally filed as either a felony or  misdemeanor. Elderly Abuse is when  anyone ill treats someone over the age of 65 and also makes them suffer, whether physically, mentally or financially. 

Categories of Elderly Abuse:

·         Abuse physically – having no regard for the elder, abandoning them or sexually abusing them

·         Abuse mentally – abusing an elder with words, or separating the person from everyone else

·         Abuse financially – accessing their funds or money without permission, or through fraud or theft

Example

A hired caregiver to an elderly patient denies meals to their patient or talks down to them.

Elements of the Crime

In order to take an Elderly Abuse CPC 368 case to trial, certain elements of the crime will have to be proven. These include:

·         That the defendant willfully mistreated someone over 65 to unpardonable suffering (bodily or psychologically)

·         This ill-treatment may have caused physical harm or even cause the person to die

·         The defendant knew that the person they were mistreating was over 65 years old

Punishments for CPC 368

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case, and also an individual’s criminal history.

When found guilty of Elderly Abuse, it is usually filed as either a  misdemeanor or felony and this includes:

·         As a misdemeanor, the charges are one year in jail and up to six thousand dollars in fines

·         As a felony, two to four years in prison and up to ten thousand in fines

The judge may also order that a compensation is paid to the victim and that the abuser participates in counseling too.

Legal Defenses for California Penal Code 368

A good lawyer can present many legal and valid defenses for Elderly Abuse charges under California Penal Code 368 to prove someone’s innocence. MacGregor and Collins is based in Orange County, California, and has successfully defended  those who were falsely accused of Elderly Abuse. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Elderly Abuse.