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Los Angeles Elder Abuse Defense Lawyers 
Elder Abuse
Elder abuse comes in many forms and all related criminal charges carry heavy penalties. It is important to protect our senior citizens, but it is also necessary to ensure that people are not falsely accused of a crime they did not commit. California elder laws are complex and varied and those facing elder abuse charges would be well-advised to contact a criminal defense attorney with a proven track record of successfully defending California elder abuse charges.
California Elder Abuse Law
Under California law, elders are considered dependent adults who deserve special protection. According to California Penal Code Section 368: "Anyone who willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering" may be charged with elder abuse. Penal Code 368 makes it a crime to physically injure, endanger or allow injury to occur to an elder or dependent adult.
Penalties for Elder Abuse Convictions
Elder abuse penalties vary depending upon the facts of the case and the criminal history of the defendant. An elder abuse conviction may result in a misdemeanor that carries a maximum one-year sentence in county jail, a fine of $6,000, informal probation counseling and restitution for the victim. Felony elder abuse can result in formal probation, two to four years in state prison, a potential strike under California's Three Strikes Law, up to $10,000 in fines, counseling and restitution for the victim.
Types of Elder Abuse
Elder abuse includes:
- Physical abuse: Inflicting pain or injury to a senior
- Emotional abuse: Berating, isolating and ridiculing a senior
- Financial fraud: Willfully tricking a senior for financial gain
- Neglect and Endangerment: Not providing adequate care or placing a senior in danger
- Sexual abuse
Defending Los Angeles Elder Abuse Charges
Some elders are prone to falling accidents and bruises. False allegations are often made when someone observes injuries without having knowledge of how the injuries occurred. In other cases, fraudulent charges are made for ulterior motives to hurt the defendant. Doctors and police have been known to make mistakes or fail to distinguish the difference between abuse injuries and accidental injuries. Under California law, senior care workers are required to report signs of abuse, so many feel obligated to report abuse-like symptoms whether an actual abuse occurred or not. Any and all false allegations must be fought in court with the help of an experienced criminal defense attorney.
The Los Angeles abuse defense attorneys at Takakjian & Sitkoff, LLP examine each of our cases carefully to determine the best course of action. We have successfully defended cases where the injury was an accident, the accusations were false and the evidence was lacking. We also understand that mistakes can happen and that people deserve a second chance. If you are facing elder abuse allegations, please do not hesitate to contact our office to discuss your case. We will work to have your charges lessened or your case dismissed. Call us today to find out how we can help.
If you have been arrested for elder abuse in Los Angeles then please call us immediately for a FREE CONSULTATION at (888) 579-4844.
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