Few criminal accusations are more damaging than allegations of abusing or neglecting an elderly or dependent adult. These cases are often emotionally charged, heavily investigated, and aggressively prosecuted. A conviction can expose a person to jail or prison time, fines, probation, professional consequences, and lasting harm to reputation.
At the Law Office of H. Charles Gorian, we understand that elder abuse cases are not always as straightforward as they first appear. In some situations, the facts may involve a misunderstanding, a caregiving dispute, an accident, a medical issue, or a false accusation rather than criminal abuse. Our office provides strategic, one-on-one defense representation tailored to the facts of your case.
Call (951) 395-0511 today for a free and confidential consultation.
What Is Elder Abuse Under California Law?
California Penal Code section 368 makes it a crime, in certain circumstances, to willfully cause or permit an elder or dependent adult to suffer unjustifiable physical pain or mental suffering, or to place that person in a situation where his or her health may be endangered. The statute applies to both elders and dependent adults. Under California law, an elder is a person who is 65 years of age or older. The statute distinguishes between more serious allegations and less serious ones. Under circumstances likely to produce great bodily harm or death, elder abuse may be charged more severely. Under circumstances other than those likely to produce great bodily harm or death, the offense may be treated as a misdemeanor.
Common Types of Elder Abuse Allegations
Elder abuse cases can arise from many kinds of allegations, including:
- Physical abuse — allegations of hitting, pushing, restraining, or otherwise causing unlawful pain or injury
- Mental suffering — allegations involving threats, intimidation, humiliation, or other conduct claimed to have caused unjustifiable mental suffering
- Neglect or endangerment — allegations that a caregiver or other responsible person failed to provide necessary care or allowed the elder’s health or safety to be endangered
- Related financial or exploitation allegations — in some cases, prosecutors may also investigate claims involving misuse of an elder’s money or property, though those allegations may involve additional statutes depending on the facts
Misdemeanor or Felony?
Elder abuse may be charged as either a misdemeanor or a felony, depending on the circumstances alleged.
Where the case involves circumstances likely to produce great bodily harm or death, Penal Code section 368 provides felony punishment that may include two, three, or four years in state prison. Additional sentencing enhancements may apply if the alleged victim suffers great bodily injury, is 70 years of age or older, or dies as a result of the offense. Where the case involves circumstances other than those likely to produce great bodily harm or death, the offense may be punished as a misdemeanor, including up to one year in county jail. Because the statute is detailed and fact-specific, the exact charge and sentencing exposure can vary substantially from one case to another.
Common Defenses to Elder Abuse Charges
Every elder abuse case depends on the facts. In many situations, the defense may focus on whether the prosecution can actually prove criminal conduct rather than a misunderstanding, accident, or non-criminal lapse in care. Possible defenses may include:
- false accusations
- lack of willful conduct
- insufficient evidence that the defendant caused or permitted unlawful harm
- evidence that the alleged injuries or condition resulted from age, illness, or a medical issue rather than abuse
- evidence that the situation involved a lawful caregiving decision rather than criminal mistreatment
- lack of proof supporting any claimed aggravating circumstances or sentencing enhancements
Because these cases often involve family members, caregivers, medical records, and conflicting witness accounts, a careful review of the evidence is critical.
Speak with an Elder Abuse Defense Attorney in Murrieta
If you have been accused of elder abuse in Murrieta or elsewhere in Riverside County, it is important to take the matter seriously and seek legal guidance as early as possible. Early intervention can make a meaningful difference in protecting your rights and preparing your defense.
The Law Office of H. Charles Gorian represents clients throughout Riverside County and San Bernardino County. Call (951) 395-0511 today for a free and confidential consultation.