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I?m Charged With Elder Abuse In San Diego ? What Should I Do Next?

By Walin & Klarich

In California, Penal Code section 368 provides that any person who willfully causes or permits the infliction of unjustifiable physical pain or mental suffering on an elder person is guilty of elder abuse. An elder is anyone who is at least 65 years old. This section also applies to people who have a legal duty to care for the elder, such as personal caretakers or nursing home employees. Because elder persons are particularly vulnerable to exploitation, the law protects them and prescribes severe punishments for those who commit such offense. Elder abuse is a "wobbler" offense, which may be prosecuted as either a misdemeanor or felony. If an individual accused of this crime does not cause great bodily injury or death, an elder abuse conviction will be considered a misdemeanor...continue to full post

Full post as published by Southern California Criminal Defense Blog on January 28, 2011 (boomark / email).