Elder Abuse

Wais Azami is a great criminal attorney who routinely defends against charges such as “elder abuse” in California. Mr. Azami has years of experience as one of the OC’s top criminal defense lawyers. We specially cater to the residents of Garden Grove, Anaheim, Santa Ana, Costa Mesa, Fullerton, Westminster, Tustin and Huntington Beach. We are centrally-located to all courts in OC.

California defines Penal Code 368 (elder abuse) as:

the physical or emotional abuse, neglect, or financial exploitation of a victim 65 years of age or older. The offense is a wobbler and can be charged as a misdemeanor or a felony with prison time!

Typical scenarios which bring charges of elder abuse under PC 368:

• Ridiculing or embarrassing an elder patient for not being able to be self-sufficient
• Using fraud to convince an elderly person to give up control of finances or property
• Not feeding a 75-year-old mother who cannot care for herself
• Not bathing a parent who can’t bathe herself/herself

Defenses to charges of elder abuse under PC 368:

• Not a willful act,
• No abuse, and/or
• False accusation

Penalties for charges of elder abuse under PC 368:

The penalty will be determined by whether it was charged as a misdemeanor or a felony. That’s determined by the facts and level of injury or loss. Judge may also grant summary probation for a misdemeanor or formal probation for a felony in lieu of jail/prison time.

Misdemeanor charges of elder abuse under PC 368:

• Up to 1 year in county Jail,
• Or a fine not to exceed $6,000
• Immigration Consequences
• Loss of Government Assistance Programs

Felony charges of elder abuse under PC 368:

• 2, 3, or 4 Years in Prison
• +3 years if great bodily injury and under 70
• +5 years for great bodily injuries if over 7
• +5 years if death if under 70
• +7 years for death if over 70
• Loss of firearm(s)
• Immigration Consequences
• Loss of Government Assistance Programs

Penal Code Section 368:

(a) The California Legislature defines Elder Abuse here, along with the penalties.

Have you been accused of elder abuse?

Call the Law Offices of Wais Azami at (714) 321-9999. Or schedule a free consultation with our elder abuse lawyer in Orange County here. We will generate a defense plan which aims to get the charges dismissed, reduced, and/or the consequences mitigated.