Elder Abuse Attorneys

Serving Northern California and The Bay Area

What is Elder Abuse?

The United States Administration on Aging defines elder abuse as “knowing, intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable older adult.” Elder abuse is a growing problem in the United States, and it affects everyone, regardless of financial circumstances or geographic location. Even residents of the most highly rated nursing homes and assisted care facilities may fall victim to elder abuse: the Office of Justice Programs states that in 2009 over 11% of elderly people who were surveyed reported experiencing some sort of elder abuse, including physical, sexual or emotional abuse.

A recent study in the Journal of the American Medical Association found that mortality rates rise 300% among older persons who have experienced elder abuse. Because of this our attorneys emphasize the importance of educating the public in order to help put an end to this inexcusable epidemic; when perpetrators of elder abuse are held accountable for these reckless or negligent actions it sends a message that elder abuse will not go unnoticed or unpunished.


California Penal Code Section 368 PC – Elder Abuse

Penal Code 368 PC elder abuse statute makes it a crime to inflict physical or emotional abuse on anyone 65 years or older.

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.

At Nursing Home & Elder Abuse Law Center, we are committed to providing our clients with quality legal counsel when they need it most. Contact our office today to speak to our California elder abuse lawyers.


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.

Identifying the Signs and Symptoms of Elder Abuse

Elder abuse can occur in both the home or in a nursing facility setting, and can take a variety of different forms; in fact, most victims of elder abuse often suffer multiple different types. However, often due to living situations or a victim’s mental or physical condition, they are not able to advocate for themselves. Because of this, it is important for spouses, children, grandchildren, friends, healthcare workers and others to recognize the signs and symptoms of abuse to protect their friends and loved ones.

The most common types of elder abuse include:

  • Physical Abuse is any abuse where an older person suffers pain or serious personal injuries, including pushing, punching, pinching, scratching, bruising, cutting, burning, choking, etc.
  • Sexual Abuse occurs when a victim is subject to any type of sexual contact without their consent.
  • Elder Neglect occurs when the caretakers do not provide proper care, nourishment, medical treatment, or a proper living environment to elderly people who cannot provide these life-sustaining necessities on their own.
  • Financial Exploitation of the elderly occurs when caregivers, family, or friends steal money or valuables from an elderly person, misuses their money or financial assets, or hides money or property for the benefit of someone other than the victim.

How Can We Help?

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

Don’t let nursing home physical elder abuse go unaddressed. Get the legal help you deserve.

  • Contact our experienced nursing home abuse lawyer for a free consultation.
  • Call (877) 270-4700 or our closest local office for a free consultation.




Contact Us

Contact an experienced California attorney who specializes in representing victims and family members of those who have suffered abuse or neglect in a nursing home or assisted living facility.

Toll Free (entire state) - (877) 270-4700
Walnut Creek - (925) 820-4700
Oakland - (510) 839-7777
San Francisco - (415) 337-1000
North Bay - (707) 750-3333
San Jose - (408) 465-4800
Sacramento - (916) 890 2700

    Your Name:

    Your Phone:

    Your Email:

    Question / Comments

    Serving Northern California and The Bay Area


    Walnut Creek
    1600 South Main Street, Suite 185
    Walnut Creek, CA  94596



    San Francisco
    182 Howard Street, Suite 850
    San Francisco, CA  94105
    Phone: (415) 337-1000



    360 Grand Avenue, Suite 180
    Oakland, CA  94610


    San Jose
    1014 Timothy Drive,
    San Jose, CA 95133
    North Bay
    420 Tuolumne Street,
    Vallejo, CA  94590
    1414 K Street, Suite 470
    Sacramento CA 95814

    Have Questions about Elder Care Law?

    Contact an experienced California attorney who specializes in representing victims and family members of those who have suffered abuse or neglect in a nursing home or assisted living facility.