Elder Abuse Defense Walnut Creek CA
There are two common charges for a crime regarding elder abuse. The general scheme that is common between the two charges is that harm or suffering must be either inflicted on an elder or dependent or such harm or suffering must be permitted to occur. There is a longer list of how this crime can be committed with more precise definitions. (See Penal Code Section 368 for more details.) The differences between the two common crimes alleged is whether or not the pain or suffering occurred under circumstances or conditions likely to produce great bodily harm or death.
This crime can be charged as a felony if it was committed under circumstances or conditions likely to produce great bodily harm or death. The maximum sentence in that situation is two, three, or four years in state prison. This sentence can be lengthened based on any of the following: if the victim suffers great bodily injury, if the victim dies as a result of the offense, a prior record, and/or other sentencing enhancements specific to a certain case or defendant. If the District Attorney charges this as a misdemeanor instead of a felony then the maximum sentence is one year in jail and/or a $6000 fine.
If the crime charged alleges only that the pain or suffering was inflicted or permitted but not that it was done so under circumstances or conditions likely to produce great bodily harm or death than the maximum sentence is 6 months in jail and/or $1000 for a first offense or 1 year in jail and/or a $2000 fine for all subsequent offenses.
It is possible to be placed on probation if you are charged with this crime. These probation terms will likely include a protective order for the benefit of the victim, a counseling program, fines and fees, and in more serious cases a jail sanction.
If you are charged with either a felony or misdemeanor violation you should seek the immediate assistance of counsel. These allegations are serious and can carry significant consequences that can affect other aspects of your life. These allegations can be successfully defended. Call Thomas Daly Law at (925) 338-7517 for a free consultation.