Elder Abuse - California Penal Code § 368 PC

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Strong Legal Representation for Elder Abuse Charges in California

If you have been charged with elder abuse in Los Angeles you are facing one of the most seriously prosecuted categories of criminal charges in California. Penal code 368 pc covers a broad range of conduct from physical abuse and neglect to financial exploitation and prosecutors pursue these cases aggressively regardless of the defendant’s relationship to the alleged victim. A conviction carries state prison time, a permanent criminal record, and consequences that affect professional licensing, immigration status, and the ability to work in any caregiving or financial capacity. At The Law Offices of Arash Hashemi our Los Angeles elder abuse attorney has spent over 20 years defending clients against elder abuse and serious criminal charges throughout Los Angeles County. Contact our office today at (310) 448-1529 for a free confidential consultation.

Elder Abuse Under California Law

Elder abuse law in California is governed by Penal Code 368 PC which makes it a crime to willfully cause or permit an elder or dependent adult to suffer unjustifiable physical pain or mental suffering, to willfully cause or permit an elder or dependent adult to be placed in a situation where their health is endangered, or to commit financial abuse against an elder or dependent adult. The statute covers a wide range of conduct and applies to family members, professional caregivers, financial advisors, and anyone else in a position of trust or authority over an elder or dependent adult.

An elder under this statute is any person who is 65 years of age or older. A dependent adult is any person between 18 and 64 who has physical or mental limitations that restrict their ability to carry out normal activities or protect their rights. The dependent adult provision extends the statute’s protection beyond traditional elder abuse cases to cover a broad population of vulnerable adults.

Forms of Elder Abuse Covered Under PC 368

Penal code 368 pc covers four distinct categories of conduct each of which carries its own charging analysis and defense strategy.

Physical abuse covers the willful infliction of physical pain, injury, or mental suffering on an elder or dependent adult. Neglect covers the failure to provide adequate food, shelter, clothing, medical care, or supervision by a caregiver responsible for the elder’s welfare. Endangerment covers placing an elder or dependent adult in a situation that endangers their health or safety regardless of whether actual injury results. Financial abuse covers the theft, embezzlement, forgery, fraud, or undue influence used to take the property or financial resources of an elder or dependent adult.

Financial elder abuse is the most commonly charged form of this offense in Los Angeles County and it encompasses a wide range of conduct including unauthorized use of credit cards or bank accounts, theft by a caregiver, undue influence in estate planning or financial transactions, and fraud schemes targeting elderly victims.

Is Elder Abuse a Felony in California?

Elder abuse under Penal Code 368 PC is a wobbler in most cases. The District Attorney decides whether to file it as a misdemeanor or a felony based on whether the elder or dependent adult suffered great bodily injury or death, the defendant’s prior criminal history, and the specific nature of the conduct alleged.

A misdemeanor conviction carries up to one year in county jail and fines up to $6,000. A felony conviction carries 2, 3, or 4 years in state prison for base physical abuse cases. When the elder suffered great bodily injury an additional 3 to 7 years are added consecutively. When the abuse resulted in death an additional 5 years apply. Financial elder abuse in amounts exceeding $950 is a wobbler carrying up to 4 years in state prison as a felony. All convictions result in a permanent criminal record and for non-citizens potential deportation proceedings.

Elements of an Elder Abuse Charge in California

To secure a conviction the prosecution must establish beyond a reasonable doubt:

  • The alleged victim was 65 years of age or older or a dependent adult as defined by the statute
  • The defendant willfully caused or permitted the elder to suffer unjustifiable physical pain, mental suffering, or endangerment — or committed financial abuse against the elder
  • The defendant knew or reasonably should have known the alleged victim was an elder or dependent adult
  • The defendant’s conduct was willful meaning intentional rather than accidental

The knowledge element is frequently contested in elder abuse cases. When the defendant was unaware of the alleged victim’s age or dependent adult status the charge may not be sustainable. When the conduct was not willful but resulted from negligence, inadequate resources, or a good-faith caregiving decision that produced a poor outcome the willfulness element can be challenged directly.

Legal Defenses Against Elder Abuse Charges

The Conduct Was Not Willful

Most elder abuse charges require proof of willful conduct. When the alleged harm resulted from a caregiving error, a resource limitation, a medical complication, or any circumstance that does not reflect intentional wrongdoing the willfulness element is absent. Our criminal defense attorney examines the full caregiving context, any medical records relevant to the elder’s condition, and the specific circumstances that led to the alleged harm to challenge whether the conduct was willful or was instead an unfortunate but non-criminal outcome.

Financial Transactions Were Authorized or Legitimate

Financial elder abuse cases frequently involve transactions that were authorized by the elder, consistent with a longstanding financial relationship, or made pursuant to a valid power of attorney or estate plan. When the financial conduct was authorized, when the elder had capacity to consent to the transaction, or when the conduct falls within the scope of a legitimate fiduciary relationship our criminal defense attorney presents the documentation and circumstances establishing authorization directly.

False or Exaggerated Allegations

Elder abuse allegations frequently arise in family disputes over inheritance, caregiving responsibilities, and estate planning decisions where one family member accuses another of exploitation or mistreatment. Our criminal defense attorney investigates the full family dynamic, prior financial arrangements, and any motive behind the allegation. When the accusation is driven by a family conflict rather than genuine abuse that evidence is presented at every stage of the proceedings.

The Alleged Victim Was Not an Elder or Dependent Adult

The statute requires that the alleged victim was 65 or older or met the definition of a dependent adult. When the alleged victim does not satisfy the statutory definition the charge under penal code 368 pc cannot be sustained and the conduct may only support a lesser charge.

Contact a Los Angeles Elder Abuse Attorney Today

Attorney Arash Hashemi has defended clients against elder abuse and serious criminal charges throughout Los Angeles County for over 20 years. He understands how elder abuse law California prosecutions are built, how to challenge the willfulness element and the financial abuse theory, and where the defense has the most leverage at every stage. You work directly with Attorney Hashemi at every stage from the first consultation through resolution. Contact our office today for a free confidential consultation.

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We are conveniently located in the Westside Towers serving clients facing elder abuse and serious criminal charges across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.