Los Angeles Elder Abuse Defense Attorney

Elder abuse allegations have steadily increased across Los Angeles and Southern California in recent years. With the elderly population growing significantly, accusations of elder abuse have become a priority for prosecutors and law enforcement agencies. Kraut Law Group Criminal & DUI Lawyers, Inc. provides experienced, aggressive, and knowledgeable defense for individuals accused or under investigation for elder abuse. If you are being charged with elder fraud, it may result in a criminal record. It is essential to be represented by a Los Angeles criminal defense attorney.

California law defines elder abuse broadly, and it encompasses a range of behaviors. Elder abuse is addressed explicitly under California Penal Code §368, which outlines several types of conduct that can be classified as elder abuse. The primary categories of elder abuse recognized by California law include:

• Physical Abuse. Physical elder abuse involves intentional or reckless acts causing bodily harm or physical pain to an elderly person. Examples include:
  • Striking or hitting an elderly individual
  • Shaking, slapping, or pushing
  • Improper use of physical restraints
  • Causing injuries through neglect or failure to provide basic care
• Emotional and Psychological Abuse. Emotional or psychological elder abuse is characterized by actions causing mental anguish, fear, distress, or emotional harm. Common examples are:
  • Yelling, threatening, or intimidating an elderly person
  • Harassment or belittlement
  • Isolation or denying visitation by friends or family
  • Psychological manipulation
• Sexual Abuse. Sexual abuse occurs when any non-consensual sexual act is forced upon an elderly individual. California law treats this form of abuse very seriously, and accusations can lead to severe penalties, including long-term imprisonment and mandatory sex offender registration.
• Financial Abuse. Financial exploitation of elders involves the unauthorized or improper use of an elderly person's financial resources or property. Examples of elder financial abuse include:
  • Misuse of bank accounts or financial information
  • Unauthorized withdrawal of funds
  • Coercing or deceiving an elder to alter wills or trusts
  • Fraudulent investment schemes
• Neglect. Elder neglect happens when a caregiver fails to provide the necessities, such as adequate food, clothing, shelter, medical care, or supervision. Caregivers, family members, or employees in nursing homes or assisted living facilities are frequently accused of neglect, sometimes without sufficient evidence or justification.

Elder abuse charges in California can be filed as either misdemeanors or felonies, depending on the severity of the alleged act, the injuries sustained by the elder, and the defendant’s criminal history. Possible penalties include:

• Misdemeanor Elder Abuse: Up to one year in county jail, fines, probation, restitution, and mandatory counseling.
• Felony Elder Abuse: Two to four years in California state prison or more, depending on circumstances, significant fines, restitution, and extensive probation terms.
• Enhanced Penalties: If the elder victim suffers significant bodily harm or death, penalties can substantially increase, leading to decades in prison.

It is essential to understand that not all accusations of elder abuse are valid. Innocent caregivers, family members, neighbors, or professional staff frequently face serious charges due to misunderstandings, inaccurate reports, or financial disputes among family members. Often, these accusations stem from family conflicts, inheritance disagreements, or misinterpretation of an elder's confused or impaired mental state.

At Kraut Law Group Criminal & DUI Lawyers, Inc., we recognize that wrongful charges can devastate lives, careers, and reputations. We aggressively defend clients, thoroughly investigating claims to ensure the truth is revealed, protecting the rights and freedoms of those wrongly accused.

Several effective defenses may be employed when challenging elder abuse allegations in California, including:

• Lack of Intent: Demonstrating that the actions were unintentional or accidental.
• False Accusations: Providing evidence of false or malicious claims made by family members or others with ulterior motives.
• Insufficient Evidence: Highlighting inconsistencies or lack of credible evidence.
• Consent or Authorization: Showing the elder willingly authorized the actions, particularly in financial abuse allegations.
• Good Faith Actions: Proving actions were taken in good faith or intended as beneficial care decisions.

Due to the severity of elder abuse charges and the aggressive nature of prosecutions in Southern California, immediate representation by a qualified elder abuse attorney is essential. Early involvement by an attorney can:

• Prevent premature seizure of assets or property
• Avoid damaging statements or actions that could harm your defense
• Initiate early negotiation or mitigation strategies
• Preserve crucial evidence to support your defense

Attorney Michael Kraut brings unparalleled experience and credibility to your elder abuse defense. Mr. Kraut leverages his comprehensive understanding of prosecution and defense strategies to secure favorable client outcomes. Our firm provides:

• Expert legal representation from a seasoned elder abuse defense lawyer
• Strategic and aggressive defense strategies tailored to your specific circumstances
• Proven track record of successful outcomes in elder abuse cases throughout Southern California
• Extensive knowledge of local courts, prosecutors, and law enforcement practices

If you or someone you know is facing elder abuse allegations or investigations in Los Angeles or Southern California, contact attorney Michael Kraut immediately. The right defense strategy can significantly influence the outcome of your case, safeguarding your freedom and future.

We offer confidential, comprehensive consultations to discuss your case, outline legal options, and develop a robust defense plan.

For immediate assistance, please call Kraut Law Group Criminal & DUI Lawyers, Inc. 24/7 at 888-334-6344 or 323-464-6453 or use our secure online form.