San Diego Elder Abuse Defense Attorney

Have you been wrongly accused of elder abuse? If so, you will need the help of attorneys at our law firm. Over the last few years, there has been a rise in reports of elder abuse and convictions. Society, and as a result, the courts, have become more sensitive to the well-being of our seniors. But with the rise in accusations, there has also been a rise in people falsely accused of elder abuse. As a caregiver, it can be devastating and humiliating to be wrongly accused. In situations like these, you need a compassionate and experienced San Diego elder abuse lawyer. Protect your rights and get the legal advice you need. Please call The Law Office of Elliott Kanter for a no-cost, no-obligation consultation with a member of our team.

What Is Elder Abuse?

According to the National Committee on the Prevention of Elder Abuse, elder abuse is any form of mistreatment that results in harm or loss to an older person. There are a number of different types of elder abuse and neglect you may be accused of, including but not limited to:

• Physical abuse: the use of physical force to cause bodily injury or harm to an elder person. This can include assault, battery or inappropriate restraint of the victims.
• Sexual abuse: any non-consensual contact with an elder person.
• Psychological abuse: the infliction of mental or emotional anguish by making repeated threats against an elder person, continuously humiliating an elder person, or other verbal or nonverbal conduct.
• Financial abuse: the improper use of an elder person’s funds, property or resources.
• Neglect: this is often confused with abuse, but it is a separate category. Neglect occurs when a caregiver fails to fulfill his or her duties to take care of the health of an elder individual. Some of the signs of neglect could include dehydration, malnutrition, and physical injuries such as bed sores. This often occurs in an assisted living community or in nursing homes when the staff does not pay attention or provide medical treatment to their elder residents.

(Click the statute below for additional information)

‍PC 368 Physical, psychological or financial abuse of an elder (over 65) Up to 4 years in prison

The Law Office of Elliott Kanter will protect your rights and fight to achieve the best possible outcome for your case. Call today or visit our website to fill out a form to schedule your free legal consultation with one of our attorneys.

What Leads To Elder Abuse Allegations?

More and more people are being accused of elder abuse, but why? What accounts for this increase in accusations? There are a couple of reasons for the increase in complaints:

• Greater Distrust of Caregivers: The increase of the institutionalization of our seniors with dementia has given to a rise in distrust of caregivers. Family members often do not trust those they hire to take care of their loved ones.
• Lack of Understanding of the Role of Caregivers: Many people are frightened of diseases like Alzheimer’s. They wonder how caregivers can deal with it on a continual basis, and don’t believe caregivers are providing adequate care to their loved ones.
• People Don’t Know Their Neighbors: People don’t know their neighbors as well anymore. They might not really understand the situation.
• The Rise in Cell Phones: A neighbor might form a judgment based on just a few seconds of observation and decide to call 911 anonymously. Cell phones make it easy to call on a whim, even when you’re not sure crime is being committed.

Elder abuse can include physical, financial, or other types of abuse. When prosecutors are trying to bring charges of elder abuse against you, they are required to prove that you were willfully or recklessly negligent against the elder, that you intended to cause harm, and other aspects in order to get a conviction. Proving this is not easy for prosecutors. In other words, prosecutors may find it challenging to prove that you intended to injure or hurt the senior—especially when going up against attorneys from one of the top law firms in San Diego.

Defending Against Elder Abuse Charges

An attorney can analyze your case, and establish an effective defense for you. For instance, your attorney may establish that any injury that was caused to the elder victim was the result of an accident. In other words, you were not guilty of criminal negligence contributing to the injury.

In cases involving physical injury or physical abuse, you may also be able to claim that you were in danger of injury from the victim, and needed to use force in order to avoid an injury to yourself. Besides, In California, an elder abuse victim must have been at least 65 years of age at the time of the abuse. If you did not know that the victim was a senior that could also be a possible defense for you. Remember, these charges are also often made in the context of family disputes.

Wrongly Accused of Elder Abuse?

You may be wrongly accused by the elderly person. The sad fact is, the senior may truly be convinced that you abused them. Sometimes, the mental condition of a senior causes them to be unreliable or cause inconsistent behavior. Sometimes they may be understanding, other times they feel angry and lash out. They may tell other loved ones, their friends, or even their doctor that they are being abused. They may be convinced in their minds that they’re being abused and also may convince others of this fact.

Other family members may wrongly accuse you. Sometimes, other family members may be greedy and look to the future when there may be money and property to inherit. They may be jealous of the influence you may have as a caretaker and try to discredit you. If they start making calls to protective agencies, the situation can escalate very quickly into a negative experience for all parties involved.

California Elder Abuse Laws

The Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection, not unlike the special protections provided for minor children, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent, and therefore less able to protect themselves, to understand or report criminal conduct, or to testify in court proceedings on their own behalf.

Elder abuse is a serious crime, covered under California Penal Code 368. This code protects senior citizens from physical, psychological, and financial abuse from others. Abuse ranges from not providing adequate care, not allowing the seniors to have visitors (thus isolating the person) to striking the person, rough handling, and neglect. The scope of elderly abuse is wide, as are the punishments if found guilty.

What are the Penalties for Elder Abuse?

Besides the penalties you face for criminal charges, you could also face a personal injury or wrongful death civil suit. Punishment of misdemeanor elder abuse includes:

• Summary probation
• Up to one year in jail
• Fine of $6,000 for the first offense and $10,000 for second or subsequent offenses
• Restitution
• Counseling

If found guilty of felony elder abuse, the penalties include:

• Formal probation
• Up to 4-years in state prison
• Up to 7-years in prison if the victim suffered great bodily harm
• Up to $10,000 in fines
• Restitution
• Counseling

Facing Elder Abuse Charges? Contact an Attorney Today.

Call experienced lawyer Elliott Kanter if you have been falsely accused of elder abuse. Our team of lawyers understands that the situation can be humiliating. You need a compassionate and strategic attorney to fight for your rights. Our law firm has experience representing clients against a variety of criminal charges. Some of our practice areas include elder or nursing abuse, fraud, DUI, drug crimes, and theft.

So don’t delay in contacting The Law Office of Elliott Kanter by phone for a free consultation in our office, which is located at 2445 5th Ave, Suite #350, San Diego, 92101. You can also send an email to ekanter@enkanter.com. To view a map of our location, please visit the contact us page on this website.