Elder abuse is a crime penalized by California Penal Code Section 368.
To find you guilty of elder abuse, the prosecutor must show that:
- Either you inflicted pain on an elderly person; you caused an elder pain or permitted them to suffer pain; while having custody of the elder, you caused or permitted the elder to be injured; or you caused or placed the elderly person in danger while having him or her in your custody.
- You did so while under circumstances likely to cause the elder greatly bodily injury or death.
- You knew or should have known that the victim was an elder (or you had a legal duty to supervise the conduct of the person who caused the elder person pain but failed to do so or you were criminally negligent when you caused or permitted the elder to suffer).
Contact Ernenwein & Mathes, LLP
The attorneys at Ernenwein & Mathes, LLP, are experienced and capable criminal defense lawyers in Los Angeles and have over 60 combined years of experience defending people accused of elder abuse and all other crimes in and out of court. You can depend on their legal knowledge to work to find the best resolution possible. Depending on the facts of your case, they can argue that you were the subject of a false allegation or that the alleged harm or injury was accidental and/or isolated in nature. They will use all available defenses to protect you against a conviction.
Robert Ernenwein is former Los Angeles deputy district attorney and is certified as a Criminal Law Specialist by the California State Bar Board of Legal Specialization. He has been selected for inclusion in California Super Lawyers for several years and has appeared as a legal analyst on multiple cable news programs, including Fox News.