Under California Penal Code §368 PC, elder abuse is a serious offense that involves causing, or allowing another person to cause, physical or mental harm to an elderly or dependent adult. The law is designed to protect vulnerable individuals—specifically anyone 65 years of age or older—from mistreatment, neglect, or exploitation by those responsible for their care or well-being.

To be convicted under this statute, the prosecution must prove that the defendant willfully caused or permitted an elderly or dependent adult to suffer, or inflicted unjustifiable physical pain or mental suffering. The act must be intentional or the result of reckless disregard for the person’s safety.

Elder abuse can take many forms, including:

Physical Abuse – Hitting, pushing, restraining, or using unnecessary force that causes injury or pain.
Emotional or Psychological Abuse – Verbal threats, intimidation, humiliation, or any conduct that inflicts mental suffering.
Neglect or Endangerment – Failing to provide food, medical care, or protection; or willfully placing the person in a situation where their health or safety is endangered.
Financial Exploitation – Wrongfully taking or misusing an elder’s money, property, or assets, sometimes referred to as senior fraud or elder financial abuse.

Misdemeanor or Felony?

Because the circumstances of these cases can vary widely, elder abuse may be charged as either a misdemeanor or a felony—a distinction that depends on the severity of harm, the defendant’s intent, and their criminal history.

Misdemeanor elder abuse can carry penalties of up to one year in county jail and fines up to $6,000.
Felony elder abuse can result in two to four years in state prison, with enhanced penalties if the victim suffers great bodily injury or death.

Beyond criminal penalties, a conviction can have lasting consequences for professional licensing, employment, and personal reputation.

Defending against an elder abuse charge often involves examining whether the alleged act was willful or criminally negligent, or whether there was a misunderstanding, false accusation, or lack of intent to cause harm. In some cases, the defense may show that the injuries or financial losses resulted from an accident, medical condition, or lawful caregiving decision rather than abuse.

Because these cases are highly sensitive and complex, having an experienced criminal defense attorney is essential to protect your rights and present the full context of the situation to the court.

The Law Office of H. Charles Gorian has experience in fighting charges of elder abuse. We know the California laws that affect your situation and we are prepared to stand in your corner and battle for your legal rights. Our law firm has helped men and women throughout Riverside County, San Bernardino County, and San Diego County, and we may be able to help you.

One phone call could be the difference between harsh criminal penalties and freedom. Call our lawyer today for a free, no-risk, no-obligation case evaluation.