Burbank Elder Abuse

elder abuse

When certain crimes in Burbank are committed against elderly individuals who are 65 years old or older, the defendant can be charged with elder abuse. The underlying offenses for an elder abuse allegation may involve physical abuse, mental abuse, negligent or substandard care, theft and other financial crimes, and even sexual assaults. In Burbank, elder abuse is a serious criminal offense under California Penal Code Section 368 PC that can carry significant penalties for those convicted.

The following crimes may be considered for elder abuse charges in Burbank if the victim is 65 or older:

  1. Assault/BatteryAssault and battery offenses committed against the elderly are considered to be more egregious, as the victim may be limited in how they can defend themselves and can be seriously harmed by physical abuse. Often, these cases involve personnel at senior housing facilities who are accused of physically abusing the residents. This can also involve allegations brought against an elderly person's own children.

  2. Emotional Abuse– It is considered elder abuse to subject someone over the age of 65 to extreme emotional abuse, which can include yelling, teasing, or otherwise humiliating an elderly person. This type of abuse can be devastating on an elderly person's mental and physical wellbeing and thus it is illegal under the law.

  3. Neglect – In many cases, people who are 65 or older lack the ability to care for themselves and must rely on family members or professional housing and care facilities to provide the basic necessities of life. If one of these caregivers provides negligent care, this can be considered a form of elder abuse. Negligent care can include a failure to provide adequate sustenance, housing and medical or subjecting seniors to substandard conditions.

  4. Financial Abuse – Elderly people may often fall victim to financial crimes such as theft and embezzlement. Committing such crimes against someone who is 65 or older is considered a form of elder abuse.

  5. Sexual Abuse – Sexual assault and other sex crimes committed against those who are 65 or older can subject a defendant to charges of elder abuse in addition to charges for the sex offense.

There are several legal defenses that may apply to someone who is facing elder abuse charges in Burbank. False accusations are highly common with elderly victims, as they may suffer from physical and/or mental afflictions which affect their ability to understand what is going on around them and can be prone to anger or even vindictiveness against their caregivers.

In addition, elder abuse in Burbank is an offense that may be committed accidentally. As people get older they become more frail and even the slightest of bumps, falls or touches can cause disproportionate injuries. Thus, a victim may be covered in bruises that are not the cause of intentional abuse. In these cases, a defendant would have a strong accident defense. However, if neglect is the underlying conduct of an elder abuse allegation, a defendant's intent would be irrelevant in determining whether he or she was negligent in the level of care and duty owed to an elderly person for whom he or she provides care.

Burbank elder abuse is what is considered a "wobbler" offense. This means that the case can be filed as either a misdemeanor or a felony, depending on the extent of the abuse and the criminal history of the defendant. If filed as a misdemeanor, a prosecutor from the Burbank City Attorney's would handle the case. If felony charges are appropriate, a Deputy District Attorney from the Burbank Branch Office of the Los Angeles County District Attorney's Office would handle the prosecution. If a defendant is charged with and convicted of felony elder abuse, he or she can be sent to prison for up to four years, with a consecutive three years added to the sentence if the victim was killed or suffered great bodily injury as a result of the abuse. If someone is convicted of misdemeanor elder abuse, a defendant may be sent to jail for up to a year and could be required to fulfill numerous obligations of probation, including expensive fines, restitution, counseling and community service/labor.

If you are facing allegations of elder abuse offense in Burbank, it is imperative that you meet and confer with an established Burbank criminal defense attorney right away. Burbank Criminal Defense Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who previously prosecuted cases out of the Burbank Courthouse and is highly regarded by judges and law enforcement in Burbank as a tough and knowledgeable litigator.

For more information about Burbank elder abuse, and to schedule your free consultation, contact Burbank Criminal Defense Attorney Michael Kraut at the Kraut Criminal & DUI Lawyers located at 2600 West Olive Avenue, 5th Floor, Burbank, CA 91505. Mr. Kraut can be reached 24/7 at 888-334-6344 or 818-563-9810.

Share |
Featured on CNN
ABC News
NBC News
Los Angeles Times
CBS News
The New York Times
Us Weekly
Entertainment Tonight
Good Morning America
Legal Broadcast Network
Avvo Rating 10.0
Client Reviews
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.