Los Angeles Elder Abuse Defense Lawyer

The penalties associated with the crime of elder abuse are contingent upon whether the charge is classified as a felony or a misdemeanor.

• If convicted of a misdemeanor, potential consequences include a maximum sentence of one year in jail, a fine of up to $6,000, restitution payments, and informal probation.
• On the other hand, if convicted of a felony crime, the penalties can include a prison term of up to four years, a fine of up to $10,000, mandatory counseling, restitution obligations, and formal probation.

The determination of whether the charge is filed as a felony or misdemeanor crime often hinges on the specific circumstances of the incident, such as the extent of harm inflicted, as well as your criminal history, including prior offenses. This flexibility in charging is commonly referred to as a “wobbler.”

According to California law, an individual is classified as a caretaker if they bear the responsibility of caring for an elder or dependent adult, have custody or control over them, or hold a position of trust with the victim.

In cases where you are identified as a caregiver for an elder or dependent adult, the prosecutor must establish that while you were responsible for their care or custody, you negligently and willfully caused their injuries or placed them in a hazardous situation that was likely to result in harm. It is important to note that an elder adult, as defined in this context, refers to an individual who is at least 65 years old.

It is essential to recognize that regardless of the charge classification, the potential consequences can be significant, including substantial jail time, financial penalties, and restitution payments to the victim. Therefore, seeking legal assistance becomes crucial to understand your rights and options in such cases.

An experienced Los Angeles criminal defense attorney who possess a range of legal defense strategies tailored to specific circumstances. These strategies may include:

• Accidental injury: In certain cases, our attorney can argue that the injury to the alleged victim was unintentional, emphasizing that there was no intent to cause harm.
• False allegation: There have been instances where individuals have been wrongly accused of elder abuse. Our lawyers can work to establish that the allegations are false, highlighting instances where the alleged victim intentionally lied or exhibited physical or mental symptoms that may have been mistaken for neglect or physical abuse. We can present evidence showing the lack of substantial supporting evidence for the allegations.
• Self-defense: In certain situations, our criminal defense lawyers can build a defense based on self-defense or defense of another person. There have been cases where elderly or dependent individuals become physically aggressive, posing a threat to your own safety. We can argue that you used necessary and immediate force to protect yourself or others from harm, without employing excessive force beyond what was required.

These defense strategies aim to challenge the prosecution’s case and protect your rights. By thoroughly examining the specific circumstances, our attorney can determine the most appropriate approach to build a strong defense on your behalf.