Elder Abuse Laws in California

California has some of the nation’s strictest laws about protecting seniors, but many people don’t fully understand what qualifies as elder abuse or how courts handle these charges. Whether you face an accusation or need clarity on this complex area of law, you should understand how California defines elder abuse and what your legal rights are.

What Is Elder Abuse?

Under California Penal Code 368, elder abuse refers to any intentional or negligent act that causes physical harm, emotional suffering, financial loss or endangerment to someone aged 65 or older. It can be either intentional or neglectful, and it doesn’t always leave physical marks. Examples include the following.

• Physical abuse: Inflicting or allowing someone else to inflict pain or injury on a senior, including hitting, shoving or restraining them without justification.
• Emotional abuse: Verbal threats, humiliation, ridicule or social isolation that causes psychological harm.
• Neglect and endangerment: Failing to provide proper care or placing an older adult in dangerous conditions – such as withholding medication or leaving them unsupervised in unsafe environments.
• Financial exploitation: Also known as elder financial abuse, this includes theft, fraud or coercion to gain control of a senior’s assets or property.

Examples of Elder Abuse

Some scenarios that may lead to elder abuse charges include:

• A caregiver who leaves an older person unattended for long periods, resulting in injury or illness.
• A family member who isolates an elderly relative from others while controlling their finances.
• A nurse accused of ridiculing or emotionally manipulating a senior in their care.
• A scammer convincing a senior to transfer money under false pretenses.

Each case is unique, and the judge must determine whether you had a legal duty to act, acted with criminal negligence or willfully caused harm.

Is Elder Abuse a Felony or a Misdemeanor?

In California, elder abuse can be either a misdemeanor or a felony, depending on the facts of the case and your criminal history.

Elder abuse is a misdemeanor when:

• The abuse did not cause serious harm.
• You have no criminal record.
• The conduct was neglectful rather than intentional.

Penalties can include:

• Up to one year in county jail
• Fines up to $6,000
• Probation and mandatory counseling

Elder abuse is a felony when:

• The abuse caused serious bodily harm or death.
• You acted with clear intent or gross negligence.
• You have a record of similar offenses.

Penalties can include:

• Two to four years in state prison, plus additional time if severe bodily injury occurred
• Substantial fines
• A permanent criminal record that can affect employment and housing

Legal Duty and Criminal Negligence

A prosecutor must prove more than poor judgment in elder abuse cases. To secure a conviction, they must establish that you:

• Had a legal duty to act (e.g., as a caregiver, family member or health provider), and
• Acted with criminal negligence – meaning a reckless disregard for the elder’s well-being

You are not criminally liable for elder abuse without this legal duty or sufficient evidence of negligence.

Why You Need an Experienced Criminal Defense Attorney

Elder abuse is a serious crime with far-reaching consequences, including reputational damage, professional discipline and strained family relationships. Defending these cases requires:

• A thorough understanding of the nuances in California elder abuse law
• The ability to challenge evidence of intent or negligence
• A strategic defense that may include questioning whether a legal duty existed or whether your actions meet the legal definition of abuse

With over 45 years of criminal defense experience, attorney Ronald Brower understands how to handle these complex and emotionally fraught cases. Whether you’re under investigation or facing formal charges, Brower Law can protect your rights and future.

Accused of Elder Abuse? Know Your Rights

Elder abuse allegations can change your life overnight. But in California, a charge is not a conviction – and you deserve a strong defense. Contact Brower Law today for a confidential consultation and steadfast legal representation you can trust.