Practice Areas

Elder Abuse

Elder Abuse

What is Elder Abuse?

California Penal Code § 368 penalizes elder abuse, a term that encompasses a wide range of criminal behavior where the victim is 65 years or older, from physical abuse, to neglect, to financial exploitation.
To make a case that a defendant committed fraud or other financial crime against a senior, a prosecutor must establish the following elements beyond a reasonable doubt:
(1) The defendant committed a financial crime, such as theft, fraud, or embezzlement;
(2) The property stolen belonged to a person who is 65 or older; and
(3) The defendant was a caretaker for or otherwise knew or had reason to know that the victim was elderly.

Penalties for Elder Abuse

Elder financial abuse may be charged as a misdemeanor or felony, depending on the amount at issue and circumstances of the case. Misdemeanor elder financial abuse is punishable by up to one year in county jail. Felony elder financial abuse is punishable by up to four years in state prison, and an additional seven years if the victim suffers great bodily harm.

Irvine, California Elder Abuse Attorney

The first and most important decision a defendant or anyone facing an elder abuse investigation must make is to retain the right defense attorney. Responding to an elder abuse investigation or charges requires a proactive, coordinated, and proactive approach. White collar federal defense attorney Peter Hardin has a long and outstanding track record of establishing clear communication with federal law enforcement agents and prosecutors and responding swiftly and accurately to search warrants and subpoenas. Because Peter Hardin has prosecuted and defended against criminal cases, such as elder abuse, for nearly 20 years, he understands not just the law, but the way federal authorities investigate cases and the prosecutorial tactics that follow. It is essential that anyone who may be under investigation for elder abuse, or who has been charged with elder abuse, act quickly to build a strong defense and protect their rights. Contact Peter Hardin now for a free and confidential consultation.

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