California Penal Code 368
Are you facing charges for Elderly Abuse? Violation of Penal Code 368 can be a serious felony or misdemeanor offense. Depending upon the specific circumstances for which your charges are based upon, you could face years in prison, thousands of dollars in restitution and fines, probation and more. At the Law Offices of Randy Collins, we know that many of those who are charged with this offense are not guilty, but where instead at the wrong place at the wrong time. Call us today to find out how we can help you stay out of jail and get your life back on track.
PC 368 Defined
The following are the three types of elder abuse governed by California penal codes:
- Mental abuse such as verbally abusing or isolating someone
- Physical abuse, which could be sexual, disregard or desertion
- Financial abuse where fraud or theft is committed
Elders in these cases are individuals over the age of 65.
In order to prosecute for Orange County Elderly Abuse, the state has the burden to prove you were guilty of:
- Deliberately subjected an elder to inexcusable pain (whether physical or mental)
- These subjections could likely cause bodily harm or even death
- You are aware that the person is an elder
Potential Penalties for Penal Code 368 Violations
The penalties or punishment for Elderly abuse depend on a number of factors including your criminal history and the circumstances surrounding the case. Elderly abuse can be filed under (felony or misdemeanor), and those found guilty can face:
- Misdemeanor – Up to I Year in the Orange County Jail and a maximum $6,000 fine
- Felony – 2-4 Years in the California State Prison and a maximum $10,000 fine
Other Potential Penalties:
Both felony and misdemeanor charges require probation. You may also be required to pay restitution to the victim and also go through counseling.
If you are facing elderly abuse charges for Penal Code 368, there may be several opportunities for you to expose the prosecution’s flaws and have your case dismissed, but without proper representation you may not be able to uncover these facts. Don’t let your case spiral out of control. Call us at (844) 285-9559 and a skilled Orange County legal professional will provide you with a free consultation and case evaluation.
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Over the years our firm has earned numerous awards and accolades for delivering outstanding legal representation. Some of our awards include: Admission to The National Top Trial Lawyers Association since 2014, AVVO Rating 10.0 Superb Rating, American Institute of Criminal Law Attorneys Award "10 Best Attorney Client Satisfaction" in 2018, Nationally Ranked Top 100 Under 40 in California Attorney Award in 2017, Member of the Newport Beach Chamber of Commerce since 2018, Martindale-Hubbell Accredited Law Firm, Distinguished in Orange County Metro "Top Attorneys" section, and Featured in Orange Coast Magazine in April 2010 as one of "Orange County's Best Criminal Defense Attorneys".
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The Defendant faced charges of DUI with a blood alcohol content of .12% and hit and run. Following the trial, the Defendant was found Not Guilty of all charges and was subsequently discharged.
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