No one wants to hear why a relatively able-bodied person would need to defend themselves against an old lady, or any other excuse for that matter, but it does happen.
PC 368 is California’s Penal Code that governs elder abuse law. Abuse is a general term that is used to describe a number of different instances involving persons that are 65-years-old or older. If prosecutors are able to prove that any of the following forms occurred, they may be able to convict you.
This particular offense is commonly referred to as a “Wobbler Offense”. This means that prosecutors assigned to your case may choose to pursue a felony or a misdemeanor against you, depending upon different factors. Those factors include whether or not you have a history of committing criminal offenses and the facts surrounding your current situation.
Instances where the attacker struck out physically are often charged as felonies while emotional, endangerment, and financial exploitation vary from case to case.
If convicted of a misdemeanor offense, you may be ordered to serve up to one year in jail and pay a $1,000 fine. If convicted of a felony, you could serve up to four years in prison.
Additional penalties for some offenses may require you to become a lifetime member of California’s sex offender registry. This can be an especially difficult penalty as it can drastically restrict employment opportunities.
Knowing how to properly mount a defense for charges arising from alleged 368 PC violations is one of the most obvious benefits of hiring an elder abuse defense lawyer. A skilled legal mind will be able to conduct a thorough investigation of your case facts and help determine what strategy will best suit your situation.
Defense strategies are not one-size-fits-all. The following are ways in which those who are faced with these types of offenses are able to convince the court that they are not guilty.
“The Old Lady is Lying!”. Do you see how this can be difficult to prove? Why would an old lady lie about you attacking her? Although this can be a difficult scenario to prove, it is surprisingly common. Elderly persons are often of unsound mind and can sometimes believe that those who are closest to them are their enemies. Dementia, Alzheimer’s, and a number of other debilitating ailments can lead to false accusations of elder abuse and other serious problems.
“It Wasn’t Me!”. Failing eyesight, dementia, or a number of other sicknesses associated with old age can lead an elderly person to mistakenly identify their attacker. There have been some situations where the victim identifies the attacker as looking completely different than they actually do.
“How Can You Say I Did This? There is No Evidence!”. As with other instances involving unsound mind, elderly persons may make wild accusations, often times with little evidence to support their claims. Regardless, authorities have an obligation to take these situations seriously and charge suspects with crimes under certain circumstances.
If you or your loved one are facing charges for violating PC 368 and would like to take advantage of a free confidential case evaluation, call (888) 250-2865 today to speak with one of our skilled legal professionals. A lawyer from The Law Offices of Randy Collins will help you to evaluate your options and provide you with the information you need during this difficult time.
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