Elder Abuse Attorneys
Serving Northern California and The Bay AreaTHE CRIME OF ELDER ABUSE IN CALIFORNIA – PC 368

Elder abuse is covered under California Penal Code Section 368. It covers a wide array of criminal offenses that may occur in different situations.
Victims who are 65 years or older are given special protections as abuse of seniors have increased dramatically in Southern California.
In fact, the Los Angeles County District Attorney’s Office has a separate elder abuse unit that specializes in aggressive investigation and prosecution of these types of cases, which is commonly known as senior abuse. It’s important to note the victim does not have to be a senior citizen, but only a dependant.
CALIFORNIA PENAL CODE SECTION 368 – ELDER ABUSE
Under California Penal Code Section 368, which is listed as crimes against elders and dependant adults, elder abuse is legally defined as follows:
- Any individual who knows, or reasonably should know, that an elder or dependent adult who, under circumstances likely to produce great bodily harm or death, willfully causes or allows an elder or dependent adult to suffer or inflict unjustifiable physical pain or mental suffering, or having care or custody of any elder or dependent adult, willfully causes or allows the person or health of the elder be injured, or willfully causes or allows the elder or dependent to be placed in a situation in which their health is endangered, is punishable by imprisonment in a county jail for up to one year, a fine up to $6,000, or both, or sentenced to state prison for up to four years.
In order to be convicted of elder abuse, the Los Angeles County prosecutor has to be able to prove, beyond any reasonable doubt, certain elements of the crime. These elements include:
- The victim was at least 65 years old, or
- You knew or should have reasonably known the alleged victim was at least 65 years old at the time of the abuse
- You willfully caused unjustified physical pain or mental suffering on the victim or allowed another person to do so
- Your actions occurred under circumstances that could have endangered the health or life of the elder
The term “willfully” means it was on purpose or deliberate. Unjustifiable pain or mental suffering means causing some type of pain that is not necessary, or that is excessive under the specific circumstances.
Circumstances that could have endangered the health or likely to produce great bodily harm means a significant physical injury.
However, it’s not necessary that the elder actually suffered a great bodily injury, only that they were placed in a situation where it could have happened.
It’s important to make note here that a prosecutor can only convict you if you had a legal duty to act.
Ensuring your loved one’s safety is the top priority. After addressing their immediate needs, you deserve to hold those responsible accountable.
Nursing Home & Elder Abuse Law Center Can Help
We are a leading California law center with a proven track record in elder abuse and neglect cases. Our compassionate elder abuse attorneys understand the emotional and financial toll these situations take on families.
We Fight for Seniors in San Francisco, the North Bay, Oakland, Walnut Creek, San Jose, Sacramento, and Across California
Let us advocate for your loved one. We offer:
- Free consultations: Discuss your case with a dedicated attorney at no cost.
- Experienced representation: Benefit from our extensive knowledge of elder abuse law.
- Compassionate support: We understand the sensitive nature of these cases.
Take Action Today
- Contact our experienced nursing home abuse lawyer for a free consultation.
- Call (877) 270-4700 or our closest local office for a free consultation.
Sources:
- “Abuse & Neglect In Nursing Homes & Residential Care/Assisted Living Facilities.” CANHR. California Advocates for Nursing Home Reform. Web. 28 May 2013. http://www.canhr.org/abuse
- “What Is Abuse?.” NAPSA. National Adult Protective Services Association. Web. 31 May 2013. http://www.napsa-now.org/get-informed/what-is-abuse/
- “What Is Neglect?.” NAPSA. National Adult Protective Services Association. Web. 28 May 2013. http://www.napsa-now.org/get-informed/what-is-neglect/
- https://www.ncjrs.gov/pdffiles1/nij/grants/241611.pdf
Serving Northern California and The Bay Area
Have Questions about Elder Care Law?
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