Los Angeles Elder Abuse Defense Attorney

Elder Abuse

In recent years, elder abuse has become a more prevalent domestic violence offense as law enforcement agencies and prosecutors dedicate increased resources to investigating and prosecuting crimes targeting the elderly. Elder abuse is a “wobbler” offense under California Penal Code Section 368 PC. This means that the prosecutor can file either felony or misdemeanor charges against defendants accused of elder abuse.

The Elements of Elder Abuse

Elder abuse is generally categorized as either physical elder abuse or financial elder abuse. Both forms of abuse are illegal and can result in prosecution under California Penal Code Section 368 PC.

To prove physical elder abuse, the evidence must show that the defendant intentionally or with criminal negligence subjected a person 65 or older to unjustifiable pain or mental suffering and the conduct would have endangered the life or health of the elder. To prove financial elder abuse, the prosecution must show that the defendant was a caretaker for the victim or knew the victim was 65 or older and the defendant committed a financial crime, such as fraud, theft or embezzlement against the elder.

A charge of elder abuse may involve a course of conduct extending over years or it may be a single incident.

Issues Involving Elder Abuse Cases

In many cases involving financial transactions, there may be significant issues regarding whether or not the senior involved was a victim of elder abuse. In many cases, elderly individuals may enter into financial arrangements or consent to certain activities and will later deny or will not remember providing consent. The prosecution may accuse the defendant of taking financial advantage of the victim’s age or infirmity. However, there may be situations where the defendant acted innocently when dealing with an elder and should not be held criminally liable.

In addition, as people age their bodies become more fragile and they are more susceptible to injury. An elderly person may suffer severe injuries even where very little physical force is involved. In these cases, a defendant may be able to argue that he or she is not guilty of elder abuse caused by physical harm or criminal negligence.

Penalties and Consequences for Elder Abuse

Elder abuse can be filed as either a felony or a misdemeanor. When making a filing decision, prosecutors will look at the extent of harm suffered by the victim or the amount of loss if the case involved fraud. If the defendant is charged with elder abuse as a felony, he or she can be sentenced to up to four years in prison. If the elder dies or suffers great bodily injury as a result of the defendant’s conduct, the judge can add on an additional three to five years in custody.

An elder abuse conviction can also carry collateral consequences that may affect a defendant for the rest of his or her life. The defendant would likely face disciplinary action, suspension or license revocation from state professional licensing agencies such as the Medical Board, the Nursing Board and the California State Bar. This type of conviction would appear on a defendant’s criminal record and would likely prevent them being considered for any caregiver position.

In addition to the criminal action, the elder or his or her caretaker can obtain an elder abuse restraining order against the defendant which would prevent any future contact with the elder.

If you or someone you know has been arrested for elder abuse or is under investigation for this type of offense, it is critical that you speak with an attorney experienced in elder law matters as soon as possible. Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who understands how to effectively defend clients who have been accused of elder abuse.

For more information about elder abuse, and to schedule your free consultation, contact Michael Kraut at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

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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.