Orange County Elder Abuse Lawyers

Lately, the crime of Elder Abuse has been receiving a great deal of attention in California. Tales of harm inflicted on defenseless elderly people have stirred up public outcry. What possible reason could someone have for injuring a helpless elderly person? Certainly, those who commit the crime of Elder Abuse need to be held accountable. However, the public mood makes it difficult for the people who have been wrongly accused of Elder Abuse to receive a fair trial. For a variety of reasons, a surprising number of people charged with Elder Abuse find themselves having to defend actions which are false, mischaracterized or misunderstood.

If you are facing a charge of Elder abuse in Orange County, you should contact an attorney right away. At The Law Offices of Bryan R. Kazarian, we will explain California Penal Code § 368 (Elder Abuse), and the law under which you have been charged. We will listen to your story and use our experience in defending Orange County clients against accusations of Elder abuse. Additionally, we will negotiate on your behalf and, if necessary, help you construct a solid defense for your specific case. 

Essentially, there are four kinds of Elder Abuse that comprise CPC § 368. They are as follows:

• Unjustifiable physical abuse which occurs when the abuser causes or allows physical harm or suffering to the senior. 

• Unjustifiable, emotional abuse which occurs when the abuser causes or allows emotional suffering or mental anguish to the senior.

• Neglect and endangerment which occur when the abuser puts the senior in circumstances compromising their health and safety.

• Financial exploitation which occurs when the abuser steals or embezzles the senior’s property or identity.

In order for the prosecution to sustain a conviction for Elder Abuse, the prosecution must prove two facts beyond a reasonable doubt:

1. Great bodily harm — Great bodily harm means that injuries were substantial, not merely superficial. However, in cases of Elder Abuse, the prosecution does not have to show that the abused senior actually suffered great bodily harm, only that the circumstances might have allowed them to have suffered such harm.
2. You were in charge — If you are charged with Elder Abuse by criminal negligence, the prosecution must prove that you were in charge of taking care of the senior and, therefore, had a legal duty to act to prevent the criminal negligence. 

Under PC § 368, Elder Abuse may be charged as a misdemeanor or a felony. Whether you are charged with a misdemeanor or felony crime of Elder Abuse will be determined by The Orange County District Attorney’s office after their assessment of the facts of the case. The elements of each crime are similar.

Misdemeanor:

• The accused willfully or by criminal negligence subjected an elderly person to unjustifiable physical harm, mental suffering, or the accused allowed someone else to commit these acts.
• The accused knew or should have known that the victim was elderly.
• The conduct of the accused occurred in a situation that may have threatened the health or life of the elderly victim.

Felony:

• The accused willfully or by criminal negligence subjected an elderly person to unjustifiable physical harm, mental suffering, or the accused allowed someone else to commit these acts.
• The accused knew or should have known that the victim was elderly.
• The conduct of the accused occurred in circumstances that were likely to produce great bodily harm or death of the elderly victim.