As we age, we become increasingly dependent on other people. This dependence typically results in precarious situations that can make seniors vulnerable to abuse. Elder abuse in California is a severe crime, and with the help of a premier elder abuse attorney, you can prosecute these predatory individuals and bring them to justice.
However, many people ask the same question: Is elder abuse a felony in California? The answer to this, ultimately, depends on the circumstances. Learn when elder abuse is a misdemeanor and when it is a felony in our blog:
Is Elder Abuse a Felony in California?
Elder abuse can be a felony, but not every instance of elder abuse in California is a felony. Per California Penal Code section 368, this crime can be prosecuted as either a misdemeanor or a felony. Misdemeanor abuse occurs when someone willfully or with criminal negligence subjects a senior to pain or suffering that endangers their health or life.
However, under more severe circumstances, senior abuse can be prosecuted as a felony. Whether you are dealing with a misdemeanor or felony case, working with a premier elder abuse attorney is of the utmost importance.
If it is prosecuted as a felony, the elder abuse penalties will be more severe. Learn about the different elder abuse penalties depending on if it is a misdemeanor or a felony in our related article here.
When Is Elder Abuse a Felony in California?
Elder abuse in California is a felony when someone, willfully or with criminal negligence, subjects a senior (someone at least 65 years old) to unjustifiable pain or suffering likely to result in severe injury or death. Senior abuse can manifest in many different ways. There are five different categories:
- Physical abuse
- Emotional abuse
- Neglect and endangerment
- Sexual abuse
- Financial abuse
Felony elder abuse typically results in imprisonment in state prison for up to four years (with an additional seven years if the victim incurs severe bodily harm), probation, a fine of up to $10,000, counseling, community service, and/or restitution.
Contact Gokal Law Group if Your Loved One Has Endured Elder Abuse in California
Is elder abuse a felony in California? There is no simple answer to this question. Circumstances vary, and only an expert elder abuse lawyer can evaluate your situation, collect evidence, prosecute these predatory individuals, and bring them to justice. Luckily, at Gokal Law Group, we possess the expertise and experience to protect your senior loved one like their guardian angel.
Our passion for justice empowers victims to emerge with renewed wellness and with their dignity intact. Call us at (949) 753-9100, or contact us to schedule a consultation.
6 Responses
elder abuse
Hello I’m a 60 yr old disabled female and I suffer emotional and physical abuse from my brother. We both reside at my mother’s house and my restraining order was just denied because the judge stated that there wasn’t enough physical evidence of the physical abuse to warrant a restraining order. I had proven to the judge that I also get verbally abused AND CONSTANTLY HARASSED but that didn’t seem to matter. Dvro 23VERO01803 out of Van Nuys court. COURT DATE WAS NOVEMBER 17 2023. CAN I PLEASE GET A PHONE CALL FOR EVEN A REFERRAL
I am an elderly woman who has recently been financially victimized by her family and am seeking legal help.
I need assistance in obtaining $65K promised to me by my nephew and his wife so that I can secure housing. They offered me $80K when they served me with an eviction notice on 1 November 2023. On 1 December 2023, I had requested and received $15K “good faith money” with a promise that the kids would pay me the remaining $65K on 1 January 2024. However, I received a text from my nephew that night simply stating they weren’t paying me as promised.
As a direct result, I am now 68, homeless, recovering from spinal surgery, I have no rental history, no credit, my SSI has been suspended, and I’m now living on $544/mo social security while my nephew and his wife enjoy a nearly $800K home which was purchased in part with my inheritance. I’ve talked to at least 8-9 attorneys locally and no one can seem to help me. An APS elder financial abuse complaint is currently pending against my nephew and his wife who is a social worker. Can you or anyone help?
I am 70 years old and I suffer from severe spinal pain at times. The Insurance company is denying me a spinal stimulator and supplies for a Tens unit that helps with the pain. I need help because nobody is doing anything. Can you assist.
I am 70 years old and I suffer from severe spinal pain at times. The Insurance company is denying me a spinal stimulator and supplies for a Tens unit. I need help because nobody is doing anything. Can you assist.
my father died in July 2023 my brother who was living with my dad had my dad change his trust agreement that he had for more than 35 years to himself and received $1.8 million while his me his eldest son received nothing in the trust agreement my brother got my dad to add that my his grandson a child was legally dead to avoid my son getting any inheretence. they called my mom a whore, my son dead, and take me out of the will. the total estate of my dad was 1.8 million. My dad died at 101 years old, he signed the agreement when he was 100 not knowing , what he was signing saying or doing I don’t have the money to contest the elderly abuse I would like to press criminal charges. I did sign a a non-contest agreement and exchange for $84,000. I needed the cash to pay for my sons tuition. My brother has a documented history of mental abuse and violence. He was mentally discharged from the US post office for attacking the postmaster general a female the post office psychiatrist recommended that he be put on mental disability. What can I do?