If you have been charged with Elder Abuse in Orange County for physically, emotionally, negligently, or financially abusing a person over the age of 65, you should contact the Atias Law Firm. Our law firm works with a team of professionals on the matter and knows how to handle these particular kinds of Elder Abuse charges. In Orange County, Elder Abuse is a wobbler so it is divided into two degrees, Felony Elder Abuse and Misdemeanor Elder Abuse. Elder Abuse is usually committed when someone physically, emotionally, negligently, or financially abuses a person over the age of 65.

Elder Abuse Orange County Penal Code 368

First, let the top Elder Abuse Lawyers in Orange County give you the relevant law. The relevant portion of the law that is applicable to Elder Abuse in Orange County is summarized below. However, the full text of the Elder Abuse law in Orange County can be found in California Penal Code Section 368. To prove that the defendant is guilty of Elder Abuse, the Prosecutor must prove that one of the following was directed at someone sixty-five (65) years of age or older:

• neglect and endangerment
• financial exploitation such as fraud, theft or stealing assets
• physical abuse including bodily harm, neglect and sexual abuse
• emotional abuse, bullying, threats of physical injury, and racist comments

The Elder Abuse laws in Orange County can be confusing to a defendant charged with a crime. The Atias Law Firm knows the ins and outs of these particular criminal charges and we may be able to help you get your case dismissed or lowered to a lesser offense, such as Misdemeanor Elder Abuse.

Reducing an Elder Abuse Charge To A Lesser Crime

Circumstances may allow the Prosecutor to charge you with Misdemeanor Elder Abuse, rather than Felony Elder Abuse. These circumstances include that the Elder Abuse was aggravated in some way such as the use of a weapon or great bodily injuries. Our attorneys may be able to show that your Felony Elder Abuse charge should be reduced to a Misdemeanor Elder Abuse charge. Call today for a free and confidential initial consultation. We can go over the facts of your case and help you understand the possible outcomes, and possible strategies for successfully getting your case reduced or dismissed. Attorneys at The Atias Law Firm will aggressively challenge the facts of the case. We may be able to get an Investigator to obtain contradictory statements from witnesses. If we can convince the court that the witnesses are not credible, your Felony Elder Abuse charge could be reduced to a Misdemeanor Elder Abuse charge.

Will I Go To Jail?

Possibilities & Penalties For Elder Abuse Charges in Orange County

Elder Abuse is generally a wobbler, meaning that it can usually be charged as a misdemeanor or felony. Misdemeanor Elder Abuse is punishable by up to one year in county jail and a $1,000 fine. Felony Elder Abuse may result in a sentence ranging up to four years in state prison and a $10,000 fine. As detailed below, your case may be reduced to a lower crime, or your case may be dismissed.

Elder Abuse Defenses in Orange County

Our Elder Abuse lawyers in Orange County know the defenses that may help get your Elder Abuse charge dismissed. There are a number of defenses to Elder Abuse in Orange County, however the applicability of those defenses depends on the facts of your case. One example could be if you are victim of false accusations. Because Elder Abuse laws in Orange County can be complex, it is possible to be the victim of false accusations. Another defense is lack of willful intent. If the injury was an accident, there is no violation of PC 368. Additionally, as you can see above, the Prosecutor has a lot to prove. We may be able to show that any number of the requirements of the law aren’t met or that there is insufficient evidence. For instance, we may be able to show that the you did not willfully injure anyone. Also, we may be able to show that the injury did not occur. Another common defense is that the police did something wrong while investigating your case. For instance, if the Officer who stopped you did not have reasonable suspicion to stop and detain you, then our attorneys may be able to get your case dismissed. Also, if you were detained by Officers who used an unreasonable amount of force then that may be a defense in your case. Also, if you have been charged with multiple counts of Elder Abuse, we may be able to get all of your charges consolidated into one charge, with one penalty.

How Can Elder Abuse Charges Be Reduced

When the prosecution case is strong, sometimes the best tactic is to try to work out a plea deal with the Prosecutor. The Atias Law Firm may be able to help you get your Elder Abuse charge reduced to a lesser charge. Elder Abuse lawyers Orange County may be able to get your Felony Elder Abuse charge, and the penalties reduced to those penalties associated with Misdemeanor Elder Abuse.

What Happens If I Have a Prior Conviction?

If you have prior convictions for Elder Abuse, then you may face increased penalties in your current Elder Abuse case. Our Elder Abuse lawyers in Orange County aggressively challenges any prior convictions. For instance, if your prior Elder Abuse conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken. If we can successfully strike your prior convictions, then you will only face 1st time Elder Abuse penalties. Call The Atias Law Firm today to see how your prior convictions may impact your current Elder Abuse charge.

What Should I do about an Elder Abuse charge in Orange County?

Contact our office today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.