Elder Abuse | Penal Code § 368

Description

The crime of Elder Abuse may be charged if a person causes pain, suffering or injury to an elder or dependent adult, including theft, embezzlement, forgery or fraud by a caretaker. Examples of Elder Abuse are diverting Social Security checks or withholding medications from a dependent senior or abuse suffered at the hands of a nursing home worker.

What does the prosecutor have to prove?

1. Defendant willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering. or
2. Defendant, having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the Victim to be injured. or
3. Defendant willfully causes or permits the Victim to be placed in a situation in which his or her person or health is endangered.
4. Defendant had knowledge that Victim was an elder or dependent adult.
5. Defendant’s conduct occurred under circumstances likely to produce great bodily harm or death. [PC 368(b)(1)]

Punishment

Felony: 2years/3years/4years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	May
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No