Is Elder Abuse a Felony in California?

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?

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.

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.

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