Sacramento Elder Abuse Defense Attorney

Fighting for the Accused Across Sacramento County, CA

California Penal Code § 368 PC makes it a crime to cause any form of mistreatment or neglect to an adult aged 65 or older. This can occur in different settings, including the person’s home, nursing homes, or other care facilities. California law recognizes several types of elder abuse, including physical, emotional, and financial. 

Elder abuse can be charged as a misdemeanor or felony, depending on the circumstances. Either way, you will need an experienced defense lawyer to navigate the criminal justice system. At Law Office of Mathew Martinez, Attorney Martinez puts extensive professional experience on your side. As a former prosecutor, he understands how the other side will work to gain a conviction; he can be equally aggressive, knowledgeable, and skilled in developing a defense strategy based on the circumstances of your case. 

If you are under investigation for this offense, he can protect your rights to help you avoid making errors that could be used against you. The sooner you retain his services, the more time he has to meticulously investigate your case and craft a defense to fight for an optimum outcome. 

Request a free case review with our Sacramento elder abuse defense lawyer at Law Office of Mathew Martinez by phone at (916) 318-5142 or by email via our contact form. Hablamos español. 

Elder Abuse Charges in Sacramento

California recognizes different forms of elder abuse, such as: 

• Physical: Hitting, slapping, or using excessive force, leading to bruises, fractures, or other injuries. Also, restraining a person inappropriately, such as tying them to a bed or chair.
• Emotional: Verbal assaults, threats, or harassment that cause emotional pain or distress or isolation from friends, family, or activities they enjoy.
• Financial: Illegally or improperly using the person’s funds, property, or assets, such as forging signatures or coercing them into changing a will. This abuse can also include scams, like fraudulent investment schemes or fake charities.
• Neglect: Failing to provide necessary care, including food, water, shelter, or medical attention, leading to malnutrition, dehydration, or untreated health conditions. Ignoring the person’s hygiene needs can also result in poor living conditions.

Misdemeanor Elder Abuse & Its Penalties

Misdemeanor elder abuse typically involves situations where the abuse does not result in significant bodily harm or where limited financial exploitation has been alleged. In California, penalties for misdemeanor elder abuse can include up to one year in county jail, fines, probation, and mandatory restitution to the victim. These charges are often applied in less severe cases, but the consequences still significantly impact the accused's life.

Felony Elder Abuse & Its Penalties

Felony elder abuse charges are reserved for acts that result in serious physical injury, extensive financial damage, or show patterns of repeated abuse. Convictions can lead to harsh penalties, including two to four years in state prison, substantial fines, and a felony criminal record. The extent of the injury, aggravating factors, and your criminal history can influence whether the case is prosecuted as a felony.