If you are suspected of or have been charged with the crime of Elder Abuse in Burbank, Pasadena or Glendale area, call the criminal defense lawyers that can help.
The Law of Elder Abuse
Elder abuse is a crime in the State of California, the offense is a
felony and is aggressively prosecuted in the County of Los Angeles
by a special unit of the District Attorneys Office.  A local criminal
defense attorney can assist individuals charged or suspected of the
offense of elderly abuse.  The crime can involve one of the
following situations:

Physical elder abuse includes the family member who loses patience
and beats or strikes an elderly relative or the nursing home worker
or caregiver who physically or sexually assaults an elderly person
during the care of that individual.

Psychological elder abuse can include instilling fear in an older
person or verbally assaulting the elder with insults and threats. A
person can also be charged with other felonies if words are said like:
"I'll kill you!" or "You're gonna die!" you could be charged with
"Terrorist Threats," a felony violation of section 422 of the
California Penal Code.

Elder abuse also includes situations of neglect—lack of medical
care, failure to give prescription medications, failure to provide
adequate food and clothing, failure to provide proper nutrition and
water.

Isolation and abandonment are other examples of elder abuse—
keeping the elderly person from seeing others or leaving the elderly
person without needed care.

Financial elder abuse includes taking or stealing money, improper
use of bank accounts, real estate, or other property through fraud or
breach of fiduciary duty to safeguard their assets.  The misuse of
money by children, care givers and trustees can all come within the
purview of criminal elder abuse.

The law in California is as follows:
§ 368. Crimes against elders and dependent adults; Legislative
findings; Infliction of pain, injury or endangerment; Theft,
embezzlement, forgery, fraud, or identity theft; False
imprisonment

(a)  The Legislature finds and declares that crimes against elders and
dependent adults are deserving of special consideration and
protection, not unlike the special protections provided for minor
children, because elders and dependent adults may be confused, on
various medications, mentally or physically impaired, or
incompetent, and therefore less able to protect themselves, to
understand or report criminal conduct, or to testify in court
proceedings on their own behalf.

(b)  (1)  Any person who knows or reasonably should know that a
person is an elder or dependent adult and who, under circumstances
or conditions likely to produce great bodily harm or death, willfully
causes or permits any elder or dependent adult to suffer, or inflicts
thereon unjustifiable physical pain or mental suffering, or having the
care or custody of any elder or dependent adult, willfully causes or
permits the person or health of the elder or dependent adult to be
injured, or willfully causes or permits the elder or dependent adult to
be placed in a situation in which his or her person or health is
endangered, is punishable by imprisonment in a county jail not
exceeding one year, or by a fine not to exceed six thousand dollars
($6,000), or by both that fine and imprisonment, or by
imprisonment in the state prison for two, three, or four years.
(2)  If in the commission of an offense described in paragraph (1),
the victim suffers great bodily injury, as defined in Section 12022.7,
the defendant shall receive an additional term in the state prison as
follows:
(A)  Three years if the victim is under 70 years of age.
(B)  Five years if the victim is 70 years of age or older.
(3)  If in the commission of an offense described in paragraph (1),
the defendant proximately causes the death of the victim, the
defendant shall receive an additional term in the state prison as
follows:
(A)  Five years if the victim is under 70 years of age.
(B)  Seven years if the victim is 70 years of age or older.
(c)  Any person who knows or reasonably should know that a
person is an elder or dependent adult and who, under circumstances
or conditions other than those likely to produce great bodily harm or
death, willfully causes or permits any elder or dependent adult to
suffer, or inflicts thereon unjustifiable physical pain or mental
suffering, or having the care or custody of any elder or dependent
adult, willfully causes or permits the person or health of the elder or
dependent adult to be injured or willfully causes or permits the elder
or dependent adult to be placed in a situation in which his or her
person or health may be endangered, is guilty of a misdemeanor. A
second or subsequent violation of this subdivision is punishable by a
fine not to exceed two thousand dollars ($2,000), or by
imprisonment in a county jail not to exceed one year, or by both
that fine and imprisonment.
(d)  Any person who is not a caretaker who commits elder abuse by
way of theft, embezzlement, forgery, or fraud, or who violates
Section 530.5 proscribing identity theft, with respect to the property
or personal identifying information of an elder or a dependent adult,
and who knows or reasonably should know that the victim is an
elder or a dependent adult, is punishable by imprisonment in a
county jail not exceeding one year, or in the state prison for two,
three, or four years, when the moneys, labor, goods, services, or
real or personal property taken or obtained is of a value exceeding
four hundred dollars ($400); and by a fine not exceeding one
thousand dollars ($1,000), by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment, when
the moneys, labor, goods, services, or real or personal property
taken or obtained is of a value not exceeding four hundred dollars
($400).
(e)  Any caretaker of an elder or a dependent adult who violates any
provision of law proscribing theft, embezzlement, forgery, or fraud,
or who violates Section 530.5 proscribing identity theft, with respect
to the property or personal identifying information of that elder or
dependent adult, is punishable by imprisonment in a county jail not
exceeding one year, or in the state prison for two, three, or four
years when the moneys, labor, goods, services, or real or personal
property taken or obtained is of a value exceeding four hundred
dollars ($400), and by a fine not exceeding one thousand dollars
($1,000), by imprisonment in a county jail not exceeding one year,
or by both that fine and imprisonment, when the moneys, labor,
goods, services, or real or personal property taken or obtained is of
a value not exceeding four hundred dollars ($400).
(f)  Any person who commits the false imprisonment of an elder or
a dependent adult by the use of violence, menace, fraud, or deceit is
punishable by imprisonment in the state prison for two, three, or
four years.
(g)  As used in this section, “elder” means any person who is 65
years of age or older.
(h)  As used in this section, “dependent adult” means any person
who is between the ages of 18 and 64, who has physical or mental
limitations which restrict his or her ability to carry out normal
activities or to protect his or her rights, including, but not limited to,
persons who have physical or developmental disabilities or whose
physical or mental abilities have diminished because of age.
“Dependent adult” includes any person between the ages of 18 and
64 who is admitted as an inpatient to a 24–hour health facility, as
defined in Sections 1250, 1250.2, and 1250.3 of the Health and
Safety Code.
(i)  As used in this section, “caretaker” means any person who has
the care, custody, or control of, or who stands in a position of trust
with, an elder or a dependent adult.
(j)  Nothing in this section shall preclude prosecution under both this
section and Section 187 or 12022.7 or any other provision of law.
However, a person shall not receive an additional term of
imprisonment under both paragraphs (2) and (3) of subdivision (b)
for any single offense, nor shall a person receive an additional term
of imprisonment under both Section 12022.7 and paragraph (2) or
(3) of subdivision (b) for any single offense.
(k)  In any case in which a person is convicted of violating these
provisions, the court may require him or her to receive appropriate
counseling as a condition of probation. Any defendant ordered to be
placed in a counseling program shall be responsible for paying the
expense of his or her participation in the counseling program as
determined by the court. The court shall take into consideration the
ability of the defendant to pay, and no defendant shall be denied
probation because of his or her inability to pay.

If you or someone you know has been charged or accused of
elderly abuse in the Burbank, Pasadena or Glendale area, we can
help.  The crime of physical or financial elder abuse can result in
serious criminal consequences, including jail. .

Matthew Ruff is an attorney who specializes in elder abuse law in
Burbank, Pasadena and Torrance California.
Matthew J. Ruff, Esq.
Toll Free at 1-877-617-4485
Attorney Matthew Ruff