Economic abuse
Theft, embezzlement, forgery, fraud, or identity theft by a caretaker of an elder or dependent adult
Penalties for economic abuse of an elder person: If the value of the property taken was less than $950 – misdemeanor charges, up to one year in county jail, and/or $1,000 fine. Over $950 – felony charges, up to 4 years in county jail and/or $10,000 fine.
Physical and mental abuse
Physical and mental abuse includes willfully causing or allowing an elder or dependent adult to suffer or inflicting unjustifiable physical pain or mental suffering upon the elder or dependent adult under circumstances that are likely to produce great bodily harm or death.
Neglect – willfully causing or permitting the elder or dependent adult to be injured or to be placed in a situation that endangers their health – is considered to be a form of physical and mental abuse.
Penalties for physical or mental abuse of an elder person: Misdemeanor conviction – up to one year in county jail and/or $6,000 fine. Felony conviction – up to 4 years in state prison. The charges can be enhanced if the victim suffered great bodily injury or died as a result of the abuse.
Abuse that does not result in great bodily harm is a misdemeanor offense; a conviction could mean up to six months in county jail and/or $1,000 fine.
Criminal threats
A statement is made, threatening death or great bodily harm with the intent that the statement is taken as a realistic threat.
Penalties for criminal threats: Misdemeanor conviction – up to one year in county jail. Felony conviction: up to 3 years state prison.
Long-term health care facility violations
Willfully or repeatedly violating state Health & Safety Code provisions or regulations governing the operation of long-term health care facilities.
This is a misdemeanor offense; a conviction could cost you up to 180 days in county jail and/or $2,500 fine
Murder
A human being was killed with malice aforethought or in the commission of a crime.
Penalties for murder: 25 years to life in state prison, life without parole, death
Rape
An act of sexual intercourse with a person against their will or without their consent.
Penalties for rape: up to 8 years in state prison.
Other types of elder abuse can include abandonment, abduction, and undue influence.
Elder Abuse Defense in Orange County, CA
If you’ve been charged with elder abuse in Orange County, CA, it’s important to take steps to protect your rights to avoid a conviction. In addition to fines and jail time, a conviction for elder abuse can have other negative consequences as well when you wish to get a job, start a business, or attend the school of your choice.
No matter how sure the state’s case against you may be, there are always defense strategies that can result in reduced or even dismissed charges. Contact the law office of Orange County, CA elder abuse lawyer Jim Tanizaki. Jim is a former Orange County DA turned criminal defense attorney. He knows the tactics the state will use to obtain a conviction. Depending on the circumstances in your case, a possible defense strategy could include:
- Lack of intent
- The victim was under the age of 65 at the time the offense took place
- You didn’t know the victim was over the age of 65
- Your actions weren’t negligent
- Self-defense
- False accusations/mistaken identity
Speak to an Orange County CA Elder Abuse Attorney
Don’t let an elder abuse conviction ruin your life. Call the law office of Orange County, CA elder abuse defense lawyer Jim Tanizaki at (714) 655-7633 or contact us through our website to schedule a free initial consultation to discuss your case.