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Elder Abuse

Walnut Creek Elder Abuse Defense Attorney

Defending Against Elder Abuse Charges in Contra Costa County

Elder abuse is defined by intentionally inflicting physical, psychological, or financial harm on an elderly citizen who is dependent others and cannot take care of themselves. There is a longer list of how this crime can be committed with more precise definitions (see Penal Code Section 368 for more details), but what all these cases have in common is that the accused—whether they be a friend, family, or medical worker—is charged for allegedly taking advantage of someone they knew could not fend for themselves.

If you have been charged with elder abuse, the time to seek defense counsel is now. At Thomas Daly Law, A Professional Corporation, we recognize that these allegations are serious and carry significant consequences that can affect other aspects of the accused's life. Our dedicated Walnut Creek elder abuse defense lawyer is ready to assess the accusations against you and ensure that your rights are protected throughout every stage of your case.

These allegations can be successfully defended. Call us at (925) 208-4801 today to start exploring your defense options.

What are the Penalties for Felony Elder Abuse in California?

This crime can be charged as a felony if it was committed under circumstances or conditions likely to produce great bodily harm or death. The maximum sentence in that situation is two, three, or four years in state prison.

This sentence can be lengthened based on any of the following:

  • If the victim suffers great bodily injury
  • If the victim dies as a result of the offense
  • If the accused has a prior record, and/or other sentencing enhancements

Implications of Misdemeanor Elder Abuse Charges

If the District Attorney charges elder abuse as a misdemeanor instead of a felony then the maximum sentence is one year in jail and/or a $6000 fine. If the crime charged alleges only that the pain or suffering was inflicted or permitted but not that it was done so under circumstances or conditions likely to produce great bodily harm or death than the maximum sentence is 6 months in jail and/or $1000 for a first offense or 1 year in jail and/or a $2000 fine for all subsequent offenses.

It is possible to be placed on probation if you are charged with this crime. These probation terms will likely include a protective order for the benefit of the victim, a counseling program, fines and fees, and in more serious cases a jail sanction.

No matter what allegations against you entail, this is a serious allegation in need a serious defense. Call to request a free case evaluation today.

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