According to the penal code of California, elder abuse is willfully physically abuse, neglecting, emotionally abusing, endangering, or financially exploiting a person who’s older than 65 years old. People charged with caring for the elderly are the most likely to be accused of elder abuse, such as people who work in nursing homes or family members of the alleged victims.
Unfortunately, false allegations of elder abuse are all too common, thanks in part to the fact that senior citizens often have foggy memories. In other instances, they may have a desire to punish the person taking care of them. This can be especially prevalent in families where the relationship between the care giver and the elderly is complicated.
If you’ve found yourself accused of elder abuse then the first thing you need to do is to contact an attorney who has experience with these types of legal battles. Read on to learn more about how an attorney can help you and then reach out to Law Offices of Torrence L. Howell at 909-920-0908 for a free case evaluation.
The potential consequences of a conviction can be significant
If you’re convicted of elder abuse, you could be facing a prison sentence and many thousands of dollars in fines. The potential sentence will vary based on whether you’re charged with a felony or a conviction. Your criminal history, as well as the specifics of the alleged crime, will dictate what you’re charged with. In most instances, a felony is charged in the event that the alleged abuse was likely to cause significant injury or death.
When elder abuse involves fraud or other financial exploitation such as forgery, there may be additional charges and / or penalties.
Defense options for a charge of elder abuse
While our exact plan will vary based on your case, in many instances we’ll start by having an expert look at the evidence of injury. It’s often the case that the injuries are more consistent with an accident than with being hurt intentionally. If that’s the case, then we may argue that there was no abuse and that the injuries are simply the result of an accident.
In the event that the injury was inflicted by the accused, we may still be able to argue that the injury was still accidental and that no deliberate harm was committed. In the case of neglect, we can show that it was caused by simply being careless – not by criminal negligence. Finally, we may work with experts and witnesses to determine if the alleged victim is simply senile or otherwise not in a position to provide the type of information that the prosecution is using to charge the case.
Of course, sometimes there is a wealth of evidence. If that’s the case, then we can work to find the best possible plea deal with the prosecutor. This may include having a felony reduced to a misdemeanor, or another advantageous option. The bottom line is that when you work with Law Offices of Torrence L. Howell, you can count on us working toward the best possible outcome. Call us today at 909-920-0908 to get started with a free case evaluation.
