Penal Code 368 PC is the statute in California that describes the offense of committing a crime against an elderly person. Under this statute, a defendant must knowingly cause or permit an aged or dependent adult to suffer or inflict upon them unreasonable physical pain or mental anguish. Additionally, the defendant must do so in a manner that is cruel or unusual.
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According to the law, elder abuse can be perpetrated in any one of the following ways if it is intended towards a person who is sixty-five years old or older:
- Emotional and/or physical abuse
- Wilful endangerment and neglect
- Financial abuse
Abuse of elders can be prosecuted as either a misdemeanor or felony, depending on the situation, and penalties can be harsh.
John L. Michels has extensive expertise defending clients against allegations of mistreating elderly clients. We are familiar with the laws of California that pertain to your circumstance, and we are ready to take up the fight on your behalf to defend the legal rights to which you are entitled. Our legal practice has assisted individuals under the following courthouses:
- Riverside Courthouse criminal defense attorney
- Temecula Courthouse criminal defense attorney
- Murrieta Courthouse criminal defense attorney
- Banning Courthouse criminal defense attorney
- Indio Courthouse criminal defense attorney
Abuse of elderly people can take place in a variety of forms. Abuse can take many forms, including mental, financial, and physical. It is not uncommon for well-intentioned family members or acquaintances of an old person to be falsely accused of abusing the victim when there is insufficient evidence to support the claim. The children of an elderly parent, caretakers at the person’s home or in a board and care facility, relatives who have volunteered for years to help an aged person, and neighbors who look after a widowed or housebound person are just some of the examples of people who are commonly charged with a crime related to elder abuse. Because the purported victim has a poor memory, the police and the prosecutors automatically assume that there has been abuse and will try to convict anyone they believe has abused an elderly person. However, in many cases, these people are wrongfully charged.
Complicated circumstances involving the family
It is common for family members to become engaged in situations involving the exploitation of elderly people financially. It is possible that these family members have a personal financial interest in the money or property that our clients are accused of stealing.
A straightforward misunderstanding might swiftly lead to criminal charges when it comes to exploiting an elderly person’s financial resources. It is possible that the claimed victim of financial elder abuse has trouble recalling the specifics of the situation. Because of this, everyone who provides care for senior citizens is put in a precarious position legally. For instance, an elderly member of the family can accuse the domestic staff of stealing the family jewelry when, in reality, the item was given to another member of the family many years ago.
Do not assume that the authorities will accept your version of events if you have been accused of committing financial abuse against an elderly person or another vulnerable person.
In addition to defending clients who are suspected of committing financial exploitation against old people, we also defend clients who are accused of committing financial exploitation against vulnerable adults and adolescents.
Anyone who has access to someone else’s personal information, such as the numbers to their bank accounts, credit cards, or checkbooks, or their personal possessions, has the ability to steal from that person.
Top criminal defense representation in Riverside County
Riverside attorney John L. Michels has successfully defended a wide range of clients who have been accused of committing a variety of crimes over the course of more than two decades. Since Mr. Michels has previous experience working as a prosecutor for the District Attorney’s office in Riverside County, he is familiar with the rules and procedures that the District Attorney’s office adheres to when dealing with charges that are classified as disorderly conduct misdemeanors.
John L. Michels has defended people accused of crimes ranging from misdemeanors of felonies including complex financial fraud. Because of how wide and deep his experience is, he is the best lawyer in Riverside County to help you if you are accused of elder abuse or financial fraud.
For more information, get in touch today to find out how John L. Michels can help you.
