For a felony conviction, the prosecution must prove the same elements as the misdemeanor, except for number 5 above. Instead, for a felony conviction, the prosecution must show that the defendant's conduct occurred in circumstances that could result in extensive bodily harm or death. 3 If the defendant is convicted of a PC 368 misdemeanor, he is subject to the same fines as a felony conviction, but is only subject to up to one year in the county. jail, 13 A defendant convicted of a PC 368 misdemeanor may also face informal probation, restitution and counseling.
A) The Legislature determines and declares that crimes against the elderly and dependent adults deserve special consideration and protection, not unlike the special protections afforded to minor children, because the elderly and dependent adults may be confused by taking various medications, mentally disabled or physical, or incompetent and therefore less able to protect themselves, understand or report criminal conduct, or to testify in court proceedings on their own behalf. A caregiver, once generous in care, becomes increasingly moody or abusive due to problems that may have nothing to do with the older person and the victim discovers that they have slowly but surely put themselves in danger. Because older and dependent adults may be more vulnerable to exploitation than other age groups, financial abuse of elders is a serious crime in the state of California. Under California Penal Code section 368 (k), the court may order you to seek counseling if you are convicted of elder abuse.
In other words, if the culprit already has two felonies on his record, he could receive a prison sentence of 25 years to life in prison after violating elder abuse laws. While the Dependent Adult and Elder Abuse Civil Protection Act is a powerful tool to combat elder abuse and neglect, it may not be appropriate in all cases, as not all plaintiffs can prove their cases with clear and convincing evidence. The problem, of course, is that older people often don't have access to help and often rely on the very people who exploit or abuse them. For example, suppose the defendant is the caretaker of a nursing home and unintentionally knocks the elderly resident's leg against a bedpost while transporting an elderly resident from their wheelchair to their bed.
Under Criminal Code 368, the victim must be 65 years of age or older at the time of the alleged abuse and the defendant must know that the victim was at least 65 years of age at the time of the alleged abuse. If the defendant injures an elderly person after defending himself or another person against an attack initiated by an older victim, the defendant can claim self-defense under California self-defense laws. In the legal world, one of the most pressing concerns with aging populations is elder abuse, whether the abuse takes the form of physical abuse, financial abuse, or emotional abuse. In fact, under California's Three Strikes rule, a felony financial abuse of elders can lead offenders to imprisonment from 25 years to life in prison.
The Act's mandatory reporting requirements help ensure that all incidents of elder abuse come to light and can be dealt with in a timely manner. Elder abuse not only includes physical harm or constant neglect, but it also applies to financial crimes, such as the theft of cash, jewelry, or a ploy to steal retirement funds. Whether it's embezzling your money or failing to provide a clean and safe environment, those who deliberately neglect or abuse the elderly face severe penalties. Misdemeanor elder abuse consists of the same behaviors as felony elder abuse, but is limited to abuse that is not likely to cause great bodily harm or death.
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