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Elder Abuse Lawyer

San Diego Elder Abuse Lawyer

Elder Abuse Charges in San Diego

In the State of California, seniors over the age of 65 are considered particularly vulnerable members of society.  In San Diego, elder abuse charges may be filed against any person suspected of subjecting a person over age 65 to harmful conditions.  This encompasses a broad array of potential abuses ranging from elderly neglect to murder.  Many elderly persons require assistance accessing food, medication, hygiene facilities and much more.  Such vulnerabilities place them in a position of enhanced dependence on relatives or caregivers for aid.  Sometimes those trusted individuals are accused of taking advantage of those they are supposed to protect.  That is not to say those accusations are warranted or will withstand in court.

In many cases of elder abuse, the elderly may be unaware of, or unable to access, means of assistance when suffering at the hands of their caretaker.  As a result, healthcare and government workers are obligated to report signs of elder abuse.  Too often, charges are based on poor perception and investigations are launched based on speculation and not fact.  Elder abuse charges may be complicated when the senior’s finances are at issue.  Convictions for elder abuse may lead to loss of inheritance, imprisonment, and other criminal penalties.  If you have been accused of elder abuse in San Diego County call the Law Office of David P. Shapiro right away to learn how you can regain control of your future.

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Law office of David P. Shapiro

What is Elder Abuse?


According to California Penal Code 368 PC, an action may be considered elder abuse if:

  • The alleged victim is over the age of 65
  • The alleged offender knowingly caused the victim to suffer
  • The alleged victim suffered unjustifiable mental and/or physical anguish
  • The alleged victim’s health or life may be in danger

Those accused of elder abuse may be children of the alleged victim, family members, or hired caregivers.  Elder abuse may be physical or mental, and can include elder neglect.  Examples of elder neglect may also include withholding of food and medications, and inattentive care.  Elder abuse charges may also be financial in nature, including fraud and other financial crimes.

If you are accused of elder abuse in San Diego, your future and reputation hang in the balance. Those convicted of abusing the elderly face severe criminal penalties and a significant social stigma.  Protect your future and your reputation with the help of an experienced elder abuse criminal defense attorney.  Contact the Law Office of David P. Shapiro today.

Types of Elder Abuse (PC368)


Accusations can take many forms, particularly in San Diego.  Penal Code 368 classifies any behaviors that directly cause, permit, or inflict suffering as elder abuse.  Suspicion of placing an elder in the path of harm can also lead to charges.  Under California law, actions amounting to elder abuse can include, but are not limited to:

  • Denying the elderly access to food and water
  • Physical, emotional, and sexual abuse of the elderly
  • Withholding medications and medical care from the elderly
  • Knowingly restricting access to hygiene facilities and equipment
  • Elderly abandonment or subjecting the elderly to prolonged isolation

Elder abuse can also include crimes motivated by financial gain.  Financial crimes committed against the elderly may be classified as elder abuse offenses.  These include forgery and fraud, theft, and embezzlement.  Financial elder abuse charges may be filed against family or caregivers.

Depending on the dollar amount associated with the offense, financial crimes against the elderly may be prosecuted as a misdemeanor or felony offense(s).  The prosecution must prove the actions in question were committed willingly or out of negligence to a criminal degree.  A skilled defense attorney can help you fight back successfully against allegations of elderly abuse and minimize any damage already done.  Contact the Law Office of David P. Shapiro today to learn more about how you can regain control of your future when charged with elder abuse.

California Penalties for Elder Abuse


The penalties for elder abuse in California range between misdemeanor punishments and lengthy prison sentences.  Case components including the age of the alleged victim and the severity of alleged abuse play roles in determining sentencing parameters. If convicted of elder abuse in San Diego under PC368, you could be facing:

  • Court-ordered payment of fines, fees, and victim restitution
  • Probation, including drug testing and other restrictions to freedom
  • Jail or State Prison time
  • Completion of lengthy counseling, training, and/or educational programs

Those convicted of elder abuse may also lose legal access to expected inheritances.  A person licensed by the State of California to provide elderly care may face license suspension or revocation following a conviction for elder abuse in any degree.  In cases involving great bodily injury (GBI) or death, the penalties for elder abuse can be incredibly severe.  Approach your charges with the seriousness they deserve.  Contact the Law Office of David P. Shapiro to learn about all your options moving forward in defense of elder abuse charges.

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