Elder Abuse Lawyer in Los Angeles
Los Angeles Elder Abuse Attorney
Elder abuse can be in the form of physical abuse, emotional abuse, neglect and/or endangerment, or financial fraud when directed towards someone over the age of 65.
California elder abuse law is very complex and requires the assistance of an experienced law firm. Our Los Angeles criminal lawyers have a combined 75 years of experience and are knowledgeable on elder abuse laws.
Under California Penal Code Section 368 elder abuse is defined as physical abuse, financial abuse, or any other treatment that results in physical and/or mental pain or suffering towards an elder or a dependent adult.
To be convicted of elder abuse the prosecution must prove beyond a reasonable doubt that defendant willfully or negligently subjected an elder to unjustifiable physical pain or mental suffering or allowed another person to do so; that the conduct occurred under circumstances likely to produce great bodily injury; that defendant knew or should have known that alleged victim was an elder (over 65 years of age).
Elder abuse is considered a wobbler offense, meaning that depending on the circumstances, the crime may be charged as either a misdemeanor or a felony.
If convicted of misdemeanor elder abuse, a defendant faces informal probation, a maximum of one year in jail, fines ranging from $6,000 to $10,000, restitution to victim ,and counseling.
If convicted of felony elder abuse, a defendant faces formal probation, two to four years in state prison and an additional seven years if the victim suffered great bodily injury, up to $10,000 in fines, restitution to victim, and counseling.
As defense attorneys, our objective is to avoid these harsh penalties for our clients. We fight aggressively and do whatever we can to get the best possible results. We will assert any and all defenses applicable to our client’s case such as insufficient evidence, mistaken identity, accidental injury, or any other applicable defense.
If you or someone you know is criminal charges, contact a Los Angeles elder abuse attorney at our office to learn how we can defend you in court.
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