Elder abuse in Beverly Hills involves certain criminal offenses, including assault and battery, emotional abuse, negligent care, financial abuse and sexual abuse, in which the victim is 65 or older. Elder abuse is a criminal offense under California Penal Code Section 368 PC that law enforcement and prosecutors in Beverly Hills take very seriously. Those convicted may face substantial penalties, including prison sentences.
When the named victim is 65 or older, the following offenses may be the underlying basis for an elder abuse charge in Beverly Hills:
A person accused of elder abuse in Beverly Hills may be able to assert one of several applicable defenses. In many cases, the defendant may be the victim of a false accusation leveled by an elderly person who may be confused, mentally unsound or simply vindictive.
In other cases, an allegation of elder abuse in Beverly Hills may stem from completely accidental and unintentional contact. In some cases, physical injuries may be present as a result of a slight touch. In these instances, the defendant may be able to raise a valid accident defense. It is important to remember, however, that an accident defense would not be applicable if the defendant is charged with elder abuse due to negligent care or conduct. In these cases, even unintentional injuries can be considered criminal.
Elder abuse offenses in Beverly Hills are "wobblers" which means that either felony or misdemeanor charges can be filed. When evaluating a case and making a filing decision, a Deputy District Attorney from the Airport Branch Office of the Los Angeles County District Attorney's Office will consider numerous factors, including the age and vulnerability of the victim, the defendant's criminal history and the extent of injuries, if any. If convicted of felony-level elder abuse, a defendant can be sentenced to up to four years in prison, with a potential extra three years added to his or her sentence if the victim died or suffered great bodily harm as a result of the defendant's conduct. Defendants convicted of Beverly Hills elder abuse as a misdemeanor can be sentenced to up to a year in jail in addition to numerous conditions of probation that a judge may impose, including costly court fines, victim restitution, counseling, community service and/or community labor. A conviction for an offense of this nature can jeopardize employment, especially if the defendant is a nurse or a caregiver.
If you have been charged with elder abuse in Beverly Hills, it is critical that you consult with an experienced Beverly Hills criminal defense attorney as soon as possible. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Beverly Hills Criminal Defense Attorney Michael Kraut is a highly respected member of the legal community who is reputed for his dedication to his clients and extensive knowledge of the law.
For more information about Beverly Hills elder abuse, and to schedule your free consultation, contact Beverly Hills Criminal Defense Attorney Michael Kraut at the Kraut Law Group Criminal & DUI Lawyers, Inc. located at 8484 Wilshire Boulevard, Suite 660B, Beverly Hills, CA 90211-3220. Mr. Kraut can be reached 24/7 at 888-334-6344 or 310-550-6935.