Elder Abuse
Elder abuse is a rather sensitive subject. When those we love become incapable of caring for themselves, it is of the utmost importance that those who are incapable are cared for with the most diligent of care. However, unscrupulous people often take advantage of the elderly and infirmed, leading to stereotypes and false accusations being made against innocent people that are only trying to help.
Elder abuse can be physical (taking the form of bruises or broken bones) or mental (verbal abuse which would lead to negative changes in behavior), or can take the form of neglect (malnourishment) or exploitation (theft of personal possessions or assets).
California Penal Code states:
368. (a) The Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection, not unlike the special protections provided for minor children, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent, and therefore less able to protect themselves, to understand or report criminal conduct, or to testify in court proceedings on their own behalf
(b)(1) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment…or by a fine…or by both that fine and imprisonment
(c) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor
(d) Any person who is not a caretaker who violates any provision of law proscribing theft,embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of an elder or a dependent adult, and who knows or reasonably should know that the victim is an elder or a dependent adult, is punishable by imprisonment…by a fine…or by both that fine and imprisonment.
If you have been accused of elder abuse, the skilled Los Angeles domestic abuse defense attorneys at The Law Offices of Lawrence Wolf can help sort through the details of your case to help reveal your innocence. Please call us today for a free consultation of your case, and a knowledgeable attorney will start you down the path towards redemption, ensuring that your legal rights are upheld every step of the way.
Additional Information on Domestic Violence in Los Angeles:
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