Los Angeles Elder Abuse Defense Lawyers
No one wants to be accused of elder abuse. Unfortunately, family conflicts and misunderstandings often result in false allegations that cause serious legal and personal consequences.
According to the Office of the Controller of the City of Los Angeles, adults over 60 make up 19 percent of the population of Los Angeles, and this number will rise to approximately 24 percent by 2030. As our population continues to age, legal issues related to the health and security of our older citizens will become more pressing. If you’ve been accused of elder abuse, it’s important to get the proper legal assistance right away to protect your reputation and your freedom.
Werksman Jackson & Quinn LLP is one of the most distinguished criminal defense law firms in Southern California. We’ve handled a number of high-profile cases, and our attorneys have been featured on ABC News, Fox News, CNBC, the BBC, Esquire, and the Los Angeles Times. Super Lawyers lists Werksman Jackson & Quinn LLP as a firm that provides clients with outstanding service, and we’ve been awarded an AV Rating by Martindale Hubble, their highest rating.
Call (213) 688-0460 to schedule a free case review today.
According to California Penal Code 368, elder abuse is when someone willfully causes pain or suffering or allows others to cause pain or suffering to an elder, which is someone who is 65 or older. Most of the people accused of elder abuse are caretakers or family members.
There are five types of elder abuse, including:
- Physical abuse includes any type of unwanted physical contact, such as hitting, shoving, pulling, or squeezing someone in a manner that causes pain.
- Neglect is the withholding of essential food, clothing, shelter, and essential care or failing to assist with personal hygiene.
- Financial abuse includes theft, embezzlement, or defrauding of money or personal property that results from direct burglary, phone scams, and identity theft.
- Emotional abuse includes yelling, threatening, harassing, belittling, isolation, and denying an elder personal contact with others.
- Sexual abuse includes any type of forced sexual contact with others and sexual contact with someone unable to give consent, such as elders who are suffering from dementia or Alzheimer’s disease.
Elder abuse is referred to as a wobbler offense. That means district attorneys may have the discretion to prosecute elder abuse either as a misdemeanor or a felony. When prosecuted as a felony, elder abuse carries penalties of up to four years in prison and fines of up to $10,000.
When deciding if they are going to prosecute elder abuse as a felony, prosecutors consider factors such as the specific circumstances of the case, the criminal background of the defendant, and the amount of physical harm suffered by an elder.
A prosecutor must prove the following to convict a defendant of felony elder abuse:
- The defendant acted with willful or criminal negligence.
- The defendant’s action caused unjustifiable physical pain or mental suffering.
- The defendant’s actions were likely to cause great bodily injury.
- The defendant knew or should have known that the victim was 65 years of age or older.
It may be difficult for outsiders to determine exactly what happened when there are allegations of elder abuse. Erroneous charges of elder abuse are often the result of internal family conflicts, such as when one family member feels they have been denied attention or access to a loved one.
Elder abuse may take place inside the home, and there aren’t always witnesses around who can provide objective information. Sometimes, people get suspicious when a family member is injured in an accident.
The experienced trial lawyers at Werksman Jackson & Quinn LLP will thoroughly investigate the charges against you and develop a strong legal strategy. Effective legal defenses against charges of elder abuse include:
- There was no criminal negligence.
- An elder was the victim of an unfortunate accident.
- The prosecution’s evidence does support the case against the defendant.
- The defendant is the victim of false allegations.
- There was no intent to harm an elder.
- There are alternative explanations for an elder’s injuries.
- The defendant was acting in self-defense.
No matter how erroneous or unjustified the charges against you may be, it’s important to have the right Los Angeles violent crime defense attorney by your side to guide you through the legal process and help you clear your good name. Your freedom and reputation are too important to take in any unnecessary chances.
Werksman Jackson & Quinn LLP will cultivate a personalized and strategic legal defense to get the charges against you dropped or dismissed so that you can put this problem behind you and get on with your life.
Call (213) 688-0460 today to learn more about your legal rights and options with a free consultation.
Recent Case Results
- Complete Dismissal of Molestation Charges
Attorney Mark Werksman’s 29 year old client was falsely accused of molesting two neighborhood children and was subsequently charged with felony child molestation, with a significant prison sentence hanging over his head should he be convicted. Instead, at the preliminary hearing Werksman was able to convince the court to grant his client a complete dismissal of any charges.
- Decision Set Aside
Client, a college student in a faulty Title IX case, was awarded $130,000 in attorney fees.
- Probation with No Jail Time for Drug Money Laundering Charge
Wilmington man accused in New York federal court of laundering drug money through the sale of laptop computers. Mark was able to get the case transferred to federal court in Los Angeles, where he convinced the United States Attorney to reduce the charges. His client was sentenced to probation with no jail time on a misdemeanor conviction.