Elder Abuse
Orange County Elder Abuse Defense Attorney
Elder abuse is taken very seriously by police and the district attorney and those agencies have their own division to investigate, arrest and convict those accused, and if you've been arrested for elder abuse you need to contact the Orange County Elder Abuse Defense Attorneys at the Law Office of Michael L. Guisti right now. We have successful track record of handling Elder Abuse cases in Irvine, Tustin, Laguna Hills, Laguna Woods, Mission Viejo, Santa Ana, Orange, Lake Forest, Foothill Ranch, Westminster, Fullerton, Newport Beach, Huntington Beach and other cities in Orange County and Los Angeles.
Our Orange County elder abuse attorney specialists understand the emotional toll taking care of an elderly person has and that sometimes an emotional breakdown or legitimate accident happens. The problem is police, doctors and social workers don't always know the signs of a legitimate accident and report the suspected elder abuse, and sometimes they report it simply to avail themselves against any possible criminal liability.
What is the Crime of Elder Abuse?
Under Penal Code (PC) 368 elder abuse, sometimes known as senior abuse, is not only the physical abuse of elders, but includes financial abuse, neglect and endangerment and emotional abuse.
How do Prosecutors Proved You Committed Elder Abuse?
As our Orange County elder abuse defense attorney specialists explain, prosecutors must show that you willfully or negligently put an elder through unjustifiable physical pain or mental suffering or you allowed another person to do so and your conduct occurred under circumstances that were likely to produce great bodily injury or death, and you reasonably should have known that the alleged victim was an elder.
"You" Must be in Charge
It's very important to understand that you can only be charged with elder abuse by criminal negligence only if you have a legal duty to act, according to a Newport Beach defense attorney at the Law Offices of Michael Guisti. If you were in charge of taking care of an elderly person and neglect to do so you could be arrested, but if the elderly person was not in your care even though you see signs of abuse you cannot be arrested for this crime.
They've been situations where, for example, a sister is in charge of taking care of her elderly father and the brother comes around the house and discovers the father's condition falls under elderly abuse. The brother, however, doesn't report it to police, however it's later discovered after the sister is arrested for elder abuse the brother knew about the abuse but didn't do anything. The California Supreme Court has ruled in situations like this where one person may have a moral duty to report the alleged crime, there is no legal duty since the person cannot control the actions of the person in charge of overseeing and taking care of the elderly person.
This is one reason why you must have an experienced Orange County Defense Attorney by your side if you're facing these charges, because sometimes overzealous prosecutors and district attorneys may find a reason why you should be arrested, when the law clearly states you shouldn't be arrested.
Now if you're a doctor, police officer, social worker or some kind of other official who doesn't report elder abuse you could be held criminally liable, and you should contact an experienced Orange County criminal attorney right away.
Great Bodily Harm
According to a Santa Ana criminal attorney at the Law Offices of Michael Guisti, Great bodily harm is basically injuries that are significant and/or substantial, rather than superficial injuries. The Orange County domestic violence defense lawyer want you to understand in elder abuse cases actual great bodily harm doesn't have to occur for you to be charged with this crime, only that the situation could have allowed the elderly person to suffer great bodily harm.
This is a reason why you need an experienced Orange County domestic violence attorney, because whether or not a situation could've resulted in an elderly person having great bodily harm can be debatable.
As an Irvine Domestic Abuse Attorney at the Law Offices of Michael Guisti explains that they've been cases where a family member of the elder abuse victim calls police and claims the caregiver isn't giving the elderly person the proper medicine, which results in the caregiver being placed under arrest and facing charges of great bodily harm towards an elderly person. It could be the caregiver was ordered to lower the medication or there could be some other reasonable explanation behind wanting to reduce the medication.
The Defense for Elder Abuse
As elders age sometimes they display signs and symptoms of elder abuse, and as we've mentioned doctors, police, social workers and the like must report suspected elder abuse, but if they're wrong they're not held criminally liable, which means there is no pressing reason for them to investigate the alleged abuse themselves, only simply to protect their jobs and reputation.
If you're facing elder abuse charges they're several defense options for you.
Falsely Accused
Our Orange County abuse lawyers have seen several cases where the suspect is simply falsely accused. There have been situations where the elderly person just doesn't like the caregiver and starts making up wild stories that leads the caregiver to be arrested. Other cases have shown the caregiver and elderly patient have developed a very close relationship, which makes other family members jealous and upset who in turn call authorities making up false accusations against the caregiver.
It Was an Accident
Taking care of our elderly is a very delicate job, and sometimes even the best trained caregivers cannot avoid an accident. While it's unfortunate the elderly patient has to suffer through injuries as long as the accident didn't rise to the level of criminal negligence you cannot be guilty of this crime.
Lack of Evidence
If you're arrested for elder abuse and it's "their word against your word" with no evidence to back up this accusation then you cannot be guilty of this crime.
Again, doctors, police and like must report and act on signs of elder abuse, but perhaps the evidence will show the alleged abuse is really something that happens with old age.
Also, our Orange County domestic violence defense attorneys can show you're not guilty of elder abuse and in fact you've routinely cared for elderly patient as we can show receipts for drugs, food bills and even records from regular doctor visits. This will prove you've have taken good care of the elderly patient and this crime against you cannot be founded.
Other Crimes
In addition to facing charges under PC 368 depending on the details in your case you could face additional charges, such as PC 242 battery and even PC 187 murder. If the alleged elder abuse was somebody related to you it's very possible to could face domestic violence charges, according to the Irvine Domestic Violence Attorney. This is why you must contact the Orange County Domestic Abuse lawyer right now so we can work to reduce charges.
If Convicted
Elder abuse under PC 368 is a "wobbler," which means it can be charged either as a misdemeanor or felony. Whether it's charged as a misdemeanor or felony depends on the facts in the case and your criminal history. It's best to set up an appointment with an experienced Orange County criminal defense attorney so we can go over your case and work with the Orange County District Attorney to possibly reduce charges against you.
Misdemeanor Elder Abuse
If convicted of misdemeanor elder abuse you face up to one-year in Orange County jail, a fine up to $6,000 or $10,000 if this is a subsequent offense, restitution to the elderly victim and informal probation.
Felony Elder Abuse
If convicted of felony elder abuse, you face between two to four years in a California State Prison and if the victim suffered great bodily injury or death you could face and an additional and consecutive three to seven year sentence and a potential strike on your record per California's a $10,000 fine, Three Strikes Law, up to restitution and formal probation, according to our Fullerton Criminal Attorney at the Law Offices of Michael Guisti.
Call Elder Abuse Defense Attorney Michael L. Guisti Right Now!
As you can see elder abuse is taken very seriously and even a genuine mistake or misunderstanding can land you in very serious trouble, which is why you need to contact the elder abuse defense attorney specialists at the Law Office of Michael L. Guisti right away at 888-478-8999. Depending on the details in your case it's possible you could even face battery, fraud, theft, domestic violence and/or even murder charges, so call the Orange County Law Offices of Michael L. Guisti now at 888-478-8999 so we can work to reduce charges against you and keep you out of jail.
