In California, elder abuse is a type of domestic violence delineated under the Penal Code as emotional or physical abuse, neglect, endangerment, or financial exploitation of individuals aged 65 or older. Regrettably, caretakers, often close relatives or friends, are the frequent culprits of such maltreatment. Equally distressing is that sometimes these allegations can be falsely levied due to intricate personal relationships.
If you find yourself at the center of such accusations in California, immediate legal counsel is paramount. With Simmons Wagner, LLP, you’re equipped with a seasoned team well-versed in defending against elder abuse allegations. Let’s dive into the intricacies of such charges and how we can guide you. Reach out to us at (949) 439-5857 for dedicated assistance.
Implications of an Elder Abuse Conviction
California recognizes elder abuse as a ‘wobbler offense’. This terminology means the crime can be classified as either a felony or a misdemeanor based on the specifics of the case. While a misdemeanor conviction might lead to a year’s incarceration, a felony can have consequences extending up to seven years behind bars. The degree of alleged abuse certainly plays a role in this classification, but it’s not the sole determinant.
Your History Shouldn’t Dictate Your Present
Prosecutors tend to delve into an accused’s past criminal activities when deciding on the severity of the charge. The underlying sentiment here is that past indiscretions might propel a misdemeanor charge into the realm of a felony. At Simmons Wagner, LLP, our commitment is to ensure that bygones remain bygones. Today’s allegations should be judged on their own merit, unaffected by your past.
Crafting a Solid Defense Strategy
Every elder abuse case is unique, and crafting an effective defense requires an individualized approach. A cornerstone of the prosecution’s case is establishing intent—that the abuse was deliberate. Our strategy could focus on proving the incident was unintentional, making it non-criminal.
Alternatively, we might present evidence suggesting that the reported injuries were natural outcomes of aging rather than abuse. Or, perhaps, we might concede that while abuse did occur, you were not the perpetrator. The direction we take will hinge upon the specifics of your case and insights from experts.
The Legal Ally You Deserve
Facing allegations of elder abuse can be an uphill battle, laden with severe potential repercussions. At Simmons Wagner, LLP, we’re unwavering in our dedication to your defense. Whether it means pursuing a favorable plea deal with minimal penalties or challenging the charges head-on, we stand by you. Reach out to us at (949) 439-5857 for an ally in your fight for justice.