In this case, Eddie could be charged with elder abuse under Penal Code 368 and face felony charges if his grandmother-in-law suffered any lasting health issues. A person could be charged with other felonies such as Criminal Threats under the Elder abuse could also include neglect where there is a failure to provide medical care, failure to give medication, failure to provide clothing, food, proper nutrition, and clean water. She told the doctors what her grandson-in-law had done.

For instance, we could argue that the injuries were caused by something such as age. This could be in the form of drug store receipt for any medication prescribed to them, bills for the air conditioning unit and the heating unit, records from visits to the doctor. Sally required an oxygen tank to assist her with breathing. Increased fines may be included to cover any restitution or medical expenses that the alleged victim accrued as a result of your crime.Facing possible charges for any type of abuse or criminal negligence can be demoralizing and intimidating to face alone. Aside from the lawful penalties, the consequences could include negative familial relations. When you cause physical injury by intentionally hitting an elderly person, prosecutors might decide to charge you for battery and elder abuse.If the battery does not lead to serious physical injury, you will be charged for a misdemeanor, and you could pay up two thousand dollars in fine. The victim may be conscious at the time, unconscious or not legally capable of consent.It’s illegal to deliberately aid/help another person commit suicide and/or provide encouragement for or to advise another individual to commit suicide.The prosecution goes through several steps to properly investigate cases of elder abuse.

The charge of rape is also considered when force was used against an elder who cannot fight back.
Angry, she reported her PCA for elder abuse and neglect.Peggy is not guilty of physical or emotional abuse of an elderly person. If the defendant did not willfully intend to hurt or cause pain to an elderly person, they aren’t guilty of criminal abuse. It could lead to imprisonment in state prison of up to three years.As you can see, the California penal code has severe punishment for those charged with violating the elder abuse laws. It could be very well that an elder was abused, but you did not cause it. One of the best criminal attorneys in Vista. These units handle the cases from beginning to end. Mahan v. Charles W. Chan Ins. physical abuse (discussed in detail in our article on Penal Code 368 | California physical elder abuse), They did a great job. However, you could still argue that it was a one-time incident and not a pattern of abuse.

If the defendant’s actions, however, caused an elderly person or dependent adult to be placed in circumstances that could have resulted in great bodily injury or death and there were significant injuries, then potential felony charges could be brought up in these specific situations. In retaliation, he withheld her blood pressure medication in an effort to get her to choose the assisted living home. As a court-appointed guardian, Sal is responsible for the health, safety, and well-being of his cousin. If a doctor or nurse even suspect abuse, they are required to report it as a mandatory reporter.

Doctor’s told her that smoking or keeping an open flame around the tank could result in a fire.
This abuse is any mistreatment aimed at a person aged over 65 years old. Other states have similar statutes protecting against elder financial abuse. Alternatively, the person could be jailed in state prison for two, three, or four years.Under the penal code 368 (b) (2), if the victim suffered major bodily harm as defined by section 12022.7, the defendant will get an additional stay in state prison as follows:Under the PC 368 (3), if the abuse described in paragraph (1) proximately led to the victim’s death, the defendant shall get an additional state prison term of five years if the victim is below 70 years and seven more years if the victim is over 70 years.Under Section 368 (3)(c), if a person who knows or should know that a person is a dependent or an elder, causes them to suffer under conditions other than those that could cause major bodily harm or death, he or she could be punished with a fine of not more than two thousand dollars ($2,000) or imprisonment in county jail for a period of not more than a year. In many cases, the defendant is a caregiver or family member of the alleged elderly victim. This often occurs when evidence shows you have had sex with an elder who is incapable of giving consent. The abuse can also be psychological and entails instilling fear in an elderly person or assaulting them verbally with threats and insults.


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