What is the punishment for elder abuse?

Chuck Smith Attorney at Law

The California Penal Code Section 38 states that for elder abuse, the penalties will vary depending on whether you get charged with a felony or a misdemeanor. These cases get referred to as wobbler cases because the characteristics of your case determine how long you will get jailed and also the amount of fine you will pay.

For the prosecutor to give a ruling, they need to determine the age of the abused, their wounds, and how they got abused.

If you get misdemeanor charges for the elder abuse, you may face up to 12 months in prison and a fine of $6000. If you get charged with a felony, you may serve a jail term of between 2 and 4 years.

The CA Penal Code states that many reasons could increase the severity of the penalty you will face. The first is the level of bodily injuries you sustained. For instance, if you get convicted for abusing an elder aged 70 or more years, causing physical injuries, you will get four years added to your sentence.

You also get seven more years if the abused person dies as a result of the mistreatment. The death must have resulted from the injuries caused by the abuse. You will be liable for the offense only if the plaintiff proves that you caused the death of their kin.

There are instances where the court may demand that you get placed in probation and do community services, counseling, or work release programs. It will also assign you a probation officer who you will have to report to frequently.

Criminal defense