Elder Abuse in the Coachella Valley

One may ask, “exactly what is elder abuse?”. and that would be a good question. It is such a wide encompassing concept that there are many different forms of it and many different consequences for those who may victimize elders in one way or another.

In Riverside County, the District Attorney’s office has a page on their website dedicated to their Elder Abuse Unit.

And fortunately for the people in the Coachella Valley, and Riverside County as a whole, who may be arrested and prosecuted for Elder Abuse, the District Attorney’s office does not seem to have a very good understanding of what the laws are that apply to someone who may commit a crime that is generally called Elder Abuse.

Specifically, the District Attorney’s office website defines elder abuse as

“the mistreatment of an elderly person by someone known to the senior”.

Nowhere in the California Penal Code or in the Welfare and Institutions Code where the majority of the laws are contained pertaining specifically to elder abuse does it say that someone who is “known” to the alleged victim is the only one who can abuse an elder. In fact, it is common for people who commit some financial scam against a senior citizen and who have never met that victim to be prosecuted for abusing an elder as well as a theft offense. Or, a total stranger may assault a an elder person and they would not only be arrested and prosecuted for the assault but also prosecuted for a crime against an elder person.

The laws pertaining to the abuse of an elder are the same in Coachella Valley as they are in the rest of the State of California. Both the Penal Code (section 368) and the Welfare and Institutions Code (section 15610.27) define an elder person as someone who is 65 years of age or older. These codes include financial abuse, physical abuse, emotional abuse, and neglect as possible types of abuse that are outlawed if committed against someone 65 years or older.

It should be noted that persons as well as business entities can be perpetrators of elder abuse. Many times nursing or care homes run by a corporation or other business entity can abuse an elder person by neglect or theft or physical abuse. This is especially true in the Coachella Valley where there are so many elderly people and so many nursing and care homes.

We as criminal defense attorneys representing people who have been accused of an elder abuse crime here in the Coachella Valley often encounter situations where our clients who are employed by a corporation as caregivers or healthcare workers are often caught in a trap where they have been ordered by their employers to commit acts for which the employers alone should be held responsible.

It is important for anyone accused of an elder abuse crime to consult with an experienced criminal defense attorney as soon as possible to explore whether they may or may not be subject to this type of offense.

The possible criminal penalties for the commission of an elder abuse crime can range from custody time in the county jail, a fine and probation for a misdemeanor offense to state prison with special penalty enhancements that could add several years on to a prison sentence if the victim was considered an elder. In fact, if a victim is 70 years or older for some offenses, the number of years given to serve in state prison is even greater than if the victim is under the age of 70 years, but still 65 years or older.

You can also be sued for money damages if you are found to have committed elder abuse in one form or another.

Lastly, it should be noted that most of the laws that are meant to protect victims of abuse who are elderly, also apply to “dependent adults”.

Persons who are no longer “minor children” (under the age of 18 years) under the law, and who may have a developmental disability and have mental and verbal limitations that can leave them vulnerable to abuse.

If you become someone accused of an elder abuse offense, you should call us at 760-345-4777 or text us (760-898-0207) for a free consultation to discuss what your legal rights are and possible defenses in your case.