California Nursing Home Abuse Lawyers

We are a California criminal defense law firm that defends nursing homes, doctors, nurses, staff and other caregivers accused of elder abuse and neglect. As former police and prosecutors, we benefit from an extensive background of having investigated and prosecuted such cases.

No doubt nursing home abuse occurs and is a tragic reality in California. But, at the same time, innocent people and facilities get charged and prosecuted all the time.

This article explains why…and what you can do to protect yourself.

Reports indicate that nursing home elder abuse and neglect is common in California. In fact, the Attorney General reports that in the years from 1999 to 2001,

• only one out of 439 nursing homes in Los Angeles County was in total compliance with federal standards of care,



• only 18 of the 288 nursing homes in the San Francisco Bay area were in compliance with these standards, and



• none of the nursing homes in Santa Barbara violated federal health and safety standards.¹

As a result of this disturbing trend, the California Attorney General doubled the size of its elder abuse prosecution program to fight elder abuse and neglect more aggressively.

The good news is that we’re ready for (and up to) the challenge. As former prosecutors and law enforcement officers, we’ve prosecuted and defended California nursing home elder abuse cases and we know the most effective ways to fight your case.

False allegations, insufficient evidence, and overzealous prosecution are just a sample of the types of defenses that one of our experienced attorneys could present on your behalf.

In an effort to help you better understand nursing home elder abuse charges, our Los Angeles criminal defense attorneys² will address the following:

An Overview of Nursing Home Elder Abuse

Causes of Nursing Home Elder Abuse

Investigating Nursing Home Elder Abuse

Penalties, Punishment, and Sentencing for Nursing Home Elder Abuse

How Do I Defend Against Nursing Home Elder Abuse Charges?

Elder Abuse in Nursing Homes and Related Charges

If, after reading this article, you have additional questions, we invite you to contact us at Shouse Law Group.

You may also find helpful information in our related articles on Penal Code 368 PC Physical Elder Abuse, Financial Elder Abuse and Senior Fraud, Medi-Cal Fraud, Penal Code 242 PC Battery, California Sex Crimes, Penal Code 261 PC Rape, Penal Code 243.4 PC Sexual Battery, California Theft Offenses, Penal Code 484 PC Petty Theft, Penal Code 487 PC Grand Theft, Penal Code 470 PC Forgery, and Penal Code 459 PC Burglary.

An Overview of California Nursing Home Elder Abuse

Elder abuse is abuse that is directed at anyone who is 65 or older.³ There are four basic categories of elder abuse⁴:

1. physical abuse (which includes willfully inflicting unjustifiable pain or suffering on an elder or unlawfully restraining an elder – it also includes sexual abuse, and improperly administering an elder’s drugs),⁵



2. neglect (placing the elder in a situation where circumstances or conditions are likely to produce great bodily harm or death),



3. emotional abuse (seen in the form of isolation or ridicule), and



4. financial abuse (defined as the mismanagement of an elder’s money or property or the violation of any law proscribing theft, embezzlement, forgery, fraud, or identity theft when the victim is an elder).

Prosecutors can charge an individual employee or the owners of a nursing home facility with any or all of these types of elder abuse. Prosecutors can convict an individual employee or the owner of a nursing home for any or all of these violations if they can prove the underlying offense.

This means that if, for example, you are accused of hitting an elderly patient…and the prosecutor can prove that you are therefore guilty of "battery"…you would consequently also be guilty of nursing home elder abuse as long as that battery was committed against an elderly patient.

∗For more information about the exact facts that a prosecutor must prove in order to convict you of California Penal Code 368 PC physical elder abuse or of financial elder abuse or senior fraud, please click on the corresponding link.

California nursing home employees are typically charged with individual acts of abuse (hitting or neglecting a patient, for example). Nursing home facilities are typically charged with these acts when it appears that they either promote these unlawful practices or look the other way when abuse takes place.

Both individuals and corporate entities are commonly prosecuted for financial elder abuse or senior fraud. With respect to nursing home elder abuse, senior fraud can include anything from an employee stealing from a resident’s wallet to the establishment purposely overbilling an unsuspecting patient.

It is important to understand that in California, elder abuse charges can be filed against nursing homes and employees both criminally and civilly…and the charges are not mutually exclusive. While this article solely deals with criminal nursing home abuse, we are here to help resolve your nursing home abuse civil case as well.

Causes of Nursing Home Elder Abuse

While the facts and figures relating to improper nursing home care are staggering, there are definitely many caring and dedicated people in the industry. One of the biggest issues with respect to proper nursing care is that California’s elderly population is much larger than it used to be.

Because of medical advances, people are living much longer than in previous times. Often times, nursing home facilities aren’t equipped to handle this growing population. As a result,

• overworked,



• underpaid, and



• often extremely tired employees

aren’t always able to offer the level of care that they should.

Because of these challenges, nursing homes face a high number of elder abuse charges...charges which usually stem from at least one of the three following areas:

1. Inadequate training of staff



When operators of a nursing home don’t properly train their staff, this invariably leads to inadequate care of the residents. What seems like a simple task…moving a patient from his wheelchair to his bed, for example…can result in severe injuries if the nurse hasn’t been trained on how properly to move an elderly patient.

When an elderly individual breaks a bone, bruises, falls, or suffers any other injuries…especially when the injury takes place in a nursing home…concerned (and even well-meaning) friends and family almost immediately suspect abuse.

Inadequate training can also lead to disgruntled employees who don’t know how to deal with difficult patients. Seniors living in nursing homes are often angry, confused, and even belligerent. An individual who hasn’t been properly trained to deal with these issues is more likely to act out of frustration…often times in a violent or intentionally neglectful manner.

This is why it is important for nursing home owners to train their staff on how properly to deal with patients’ needs on every level—physical, medical and emotional.



2. Inadequate supervision of staff



Even if nursing home operators properly train and educate their staff, if there isn’t adequate supervision, problems will continue to arise. When administration doesn’t carefully monitor its employee’s activities, patients often suffer.

Unsupervised nursing staff may employ dangerous and/or negligent techniques when dealing with their patients…techniques which may be misinterpreted as intentional abuse.



3. High turn-over rates of staff



Working in a nursing home can be stressful and exhausting. Thus nursing homes often suffer from high rates of employee burnout and, therefore, turnover. Properly training and supervising employees becomes even more difficult when staff is constantly changing.

Nursing Home Elder Abuse Investigations

California nursing home elder abuse investigations involve a variety of agencies. When an elder patient or a friend/family member decides to initiate a complaint, they typically do so with their local ombudsman’s office. An "ombudsman" is an advocate that represents those living in long term care facilities.

The California Department of Aging operates the ombudsman program in this state. Once the ombudsman receives a complaint about nursing home elder abuse, it conducts an investigation. The local ombudsman may speak to the

• resident,



• the person(s) who filed the complaint,



• the nursing staff, and



• the nursing home’s administration.

The ombudsman generally will visit the nursing home in question to do an on-site investigation as well.

If, after conducting its investigation, the ombudsman believes that it has received a legitimate complaint, it forwards the case to the California Department of Public Health. After this agency conducts its investigation it may pursue civil penalties against the nursing home or nursing home employee in question and/or may refer the case to the local district attorney’s office or to the California Attorney General’s Bureau of Medical Fraud and Elder Abuse unit.

It should be noted that if the person reporting the suspected nursing home elder abuse is a mandated reporter, he/she must report the abuse to the local ombudsman’s office and to a local law enforcement agency. "Mandated reporters" are those who, by law, must report all instances of suspected elder abuse.⁶

Punishment, Penalties, and Sentencing for California Nursing Home Abuse

As previously stated, an individual suspected of nursing home elder abuse (or neglect) faces both civil and criminal penalties. An individual who is found liable in a civil suit will pay substantial fines. A nursing home employee or nursing home owner who is convicted criminally of California elder abuse faces incarceration and fines.

Prosecutors can charge nursing home elder abuse as either a misdemeanor or a felony under California Penal Code 368 PC. This is what’s known as a "wobbler". Before the prosecutor decides whether to charge you with the misdemeanor or the felony, he/she evaluates

1. the specific facts of the offense, and



2. your criminal history.

With respect to a nursing home elder abuse case, he/she may also consider whether any civil cases have been filed against you for similar offenses.

Misdemeanor nursing home elder abuse

If convicted of California Penal Code 368 PC misdemeanor elder abuse, you face:

• informal (otherwise known as summary probation),



• a maximum one-year county jail sentence,



• a maximum fine of $6,000 (or $10,000 for a second or subsequent offense),



• restitution to the victim, and



• counseling.⁷

It should also be noted that if you fail to report suspected nursing home elder abuse, you face up to $5,000 in fines and up to a year in jail.⁸

Felony elder abuse

If convicted of California Penal Code 368 PC felony elder abuse, you face:

• formal probation,



• two to four years in the California State Prison (with an additional and consecutive three to seven year sentence if the victim suffers great bodily injury or death and a potential strike under California’s Three Strikes Law under the same scenario⁹),



• up to $10,000 in fines,



• restitution, and



• counseling.¹⁰

The 1987 Nursing Home Reform Act

It’s also important to understand that nursing home elder abuse is also prohibited under federal law. The 1987 Nursing Home Reform Act was enacted to protect nursing home residents from abuse, neglect, and other inadequate care.

This law set forth a patient’s "bill of rights". These rights are designed to promote and enhance the quality of life for each resident ensuring dignity, choice, and self-determination.

Federal penalties for nursing home elder abuse are much more severe than state penalties and require immediate assistance from a qualified defense attorney. If you face federal nursing home elder abuse charges, please don’t hesitate to contact our experienced staff.

How Do I Defend Against Nursing Home Elder Abuse Charges?

Because California nursing homes have a stigma attached to them, people often assume that anytime a resident is unhappy or injured it is because he/she was abused. While this is sometimes the case, it certainly isn’t always.

False accusations / wrongful arrest

Elders tend to bruise, fall, and break bones more easily than younger individuals. Elders who are in nursing homes also frequently suffer from dementia, senility, and other illnesses that render them unable to distinguish fact from fiction.

Add to this the fact that they may dislike an employee or suffer from paranoia about the staff, and the potential for false accusations and wrongful arrests skyrockets.

False accusations are also many times alleged against nursing home employees by other employees or by the elder’s so called "friends" or family members trying to cover up their own acts of abuse.

Insufficient evidence

Another defense that is along these same lines is insufficient evidence. If there is no proof that you are directly responsible for physical or financial elder abuse or that you neglected to care for an elder patient, you must be acquitted of this charge.

Similarly, if the prosecutor can’t prove that as the nursing home owner you condoned or even knew abuse was taking place, you aren’t guilty of this charge.

Mistaken identity

And, unfortunately, the reality is that nursing home elder abuse does take place…but that doesn’t mean that you are the responsible party.

Maybe you’re the abused elder’s "regular" caretaker, so people assume you were the one abusing the elder (even though it was really a different employee). Maybe money or other property was taken from an elder’s belongings and you were blamed simply because you were on-duty when the crime apparently occurred.

There are countless reasons why you could have been mistakenly identified as an abuser. As San Francisco criminal defense attorney Jim Hammer explains¹¹, "It’s my job in these situations to convince the prosecutor, judge, and jury that you have a legitimate alibi…and while it’s certainly devastating that an elder was abused, you were not the person responsible."

Elder Abuse in Nursing Homes and Related Charges

Nursing home elder abuse is a sort of "catchall" that describes any abuse targeted at an elderly resident. The fact, however, is that in addition to being charged with elder abuse under Penal Code 368 PC, prosecutors will also typically charge you for the underlying abusive offense.

Depending on the exact circumstances of the offense, if you inflict physical elder abuse on a nursing home patient, you could additionally face charges for any or all of the following:

Penal Code 242 PC "battery"

California Penal Code 242 PC battery is the unlawful and willful use of force or violence upon another¹². Intentionally using force or violence upon a nursing home patient could result in a battery charge.

California Sex Crimes

If you engage in any nonconsensual sexual activity with an elderly patient, prosecutors could charge you with a variety of California sex crimes.

Penal Code 243.4 PC sexual battery¹³,

Penal Code 261 PC rape¹⁴, and

Penal Code 288 lewd or lascivious acts¹⁵,

are some of the most frequently encountered sex crimes with which prosecutors charge nursing home staff members. These types of offenses are most frequently alleged when the elderly patient is unable to communicate or resist a nurse or other employee’s sexual advances.

Penal Code 187 PC "murder" / Penal Code 192 PC "involuntary manslaughter"

If you are accused of willfully killing an elder patient…or are accused of causing the death of an elder due to your criminal negligence…prosecutors could charge you with either California Penal Code 187 PC murder¹⁶ or California Penal Code 192 PC involuntary manslaughter¹⁷.

Penal Code 422 "criminal threats"

If you threaten to harm one of your elderly patients…and that patient actually fears for his/her safety…prosecutors could charge you with California Penal Code 422 PC criminal threats¹⁸.

And, depending on the circumstances of the offense, if you are accused of financial elder abuse or senior fraud in connection with a nursing home patient, prosecutors could additionally charge you with any or all of the following:

California theft offenses

If you steal from an elderly patient, prosecutors could charge you with grand theft under Penal Code 487 (if the amount stolen was more than $400)¹⁹ or with Penal Code 484 PC petty theft (if the amount stolen was $400 or less)²⁰.

Penal Code 470 PC forgery

California Penal Code 470 PC forgery takes place when you knowingly alter, create, or use a written document intending to commit a fraud.²¹ If, for example, you endorse a check made out to the elderly patient, prosecutors could charge you with forgery.

Penal Code 459 PC burglary

If you go to work, intending to abuse an elderly patient, prosecutors could charge you with California Penal Code 459 PC burglary. Simply put, burglary takes place when an individual enters a building with the intent to commit a felony or petty theft once inside…even if the intended felony or theft doesn’t actually take place.²²

This means that if, for example, you enter the nursing home intending to steal from a patient, or perhaps knowing that you are not going to give one of your patients his/her medicine as a form of punishment, prosecutors could charge you with burglary.

Medi-Cal Fraud

If, for example, you

• bill Medi-Cal for unauthorized or unperformed services,



• bill Medi-Cal for unnecessary drugs or supplies, or



• allow uncertified assistants to treat patients, billing Medi-Cal as if a doctor was treating the patient,

prosecutors could charge you with Medi-Cal fraud.

If you have additional questions about nursing home elder abuse, or you would like to discuss your case confidentially with one of our California criminal defense attorneys, we invite you to contact us at Shouse Law Group.

We have local criminal law offices in Los Angeles, San Diego, Riverside, Orange County, San Bernardino, Ventura, San Jose, the San Francisco Bay area, and several nearby cities to conveniently serve you.

Online Resource:

National Center on Elder Abuse (NCEA)-
A national resourced dedicated to preventing elder mistreatment.

Legal References:

¹Elder Abuse in Nursing Homes -- Statistics provided by the California Attorney General’s Website

²Our Los Angeles criminal defense attorneys have local criminal law offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier.

³California Penal Code 368 -- Elder abuse. ("(g) As used in this section, "elder" means any person who is 65 years of age or older.")

⁴See same. ("(a) The Legislature finds and declares that elders and dependent adults are deserving of special consideration and protection against crimes, not unlike the special protections provided for minor children, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent, and therefore less able to protect themselves, to understand or report criminal conduct, or to testify in court proceedings on their own behalf. (b)(1) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000) upon a first conviction or a fine not to exceed ten thousand dollars ($10,000) upon a second or subsequent conviction, or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years. (2) If in the commission of an offense described in paragraph (1), the victim suffers great bodily injury, as defined in Section 12022.7, the defendant shall receive an additional term in the state prison as follows: (A) Three years if the victim is under 70 years of age. (B) Five years if the victim is 70 years of age or older. (3) If in the commission of an offense described in paragraph (1), the defendant proximately causes the death of the victim, the defendant shall receive an additional term in the state prison as follows: (A) Five years if the victim is under 70 years of age. (B) Seven years if the victim is 70 years of age or older. (c) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor. A second or subsequent violation of this subdivision is punishable by a fine not to exceed five thousand dollars ($5,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. (d) Any person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of an elder or a dependent adult, and who knows or reasonably should know that the victim is an elder or a dependent adult, is punishable by imprisonment in a county jail not exceeding one year, or in the state prison for two, three, or four years, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding four hundred dollars ($400); and by a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding four hundred dollars ($400). (e) Any caretaker of an elder or a dependent adult [in a California nursing home] who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of that elder or dependent adult, is punishable by imprisonment in a county jail not exceeding one year, or in the state prison for two, three, or four years when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding four hundred dollars ($400), and by a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding four hundred dollars ($400). (f) Any person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment in the state prison for two, three, or four years. (g) As used in this section, "elder" means any person who is 65 years of age or older.") Any of these violations are considered violations of California nursing home elder abuse law.

See also California Welfare and Institutions Code 15610.07 -- Abuse of an elder or a dependent adult. ("Abuse of an elder or a dependent adult" means either of the following: (a) Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering. (b) The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.")

⁵California Welfare and Institutions Code 15610.63 -- Physical elder abuse. (""Physical abuse" means any of the following: (a) Assault, as defined in Section 240 of the Penal Code. (b) Battery, as defined in Section 242 of the Penal Code. (c) Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section 245 of the Penal Code. (d) Unreasonable physical constraint, or prolonged or continual deprivation of food or water. (e) Sexual assault, that means any of the following: (1) Sexual battery, as defined in Section 243.4 of the Penal Code. (2) Rape, as defined in Section 261 of the Penal Code. (3) Rape in concert, as described in Section 264.1 of the Penal Code. (4) Spousal rape, as defined in Section 262 of the Penal Code. (5) Incest, as defined in Section 285 of the Penal Code. (6) Sodomy, as defined in Section 286 of the Penal Code. (7) Oral copulation, as defined in Section 288a of the Penal Code. (8) Sexual penetration, as defined in Section 289 of the Penal Code. (9) Lewd or lascivious acts as defined in paragraph (2) of subdivision (b) of Section 288 of the Penal Code. (f) Use of a physical or chemical restraint or psychotropic medication under any of the following conditions: (1) For punishment. (2) For a period beyond that for which the medication was ordered pursuant to the instructions of a physician and surgeon licensed in the State of California, who is providing medical care to the elder or dependent adult at the time the instructions are given. (3) For any purpose not authorized by the physician and surgeon.") If a nurse inflicts this type of punishment on a nursing home resident, he/she violates California nursing home elder abuse law.

⁶California Welfare and Institutions Code 15630 -- Mandated reporters. This code sets forth a list of mandated reporters and their legal responsibilities under the law. These reporters include ("(a) Any person who has assumed full or intermittent responsibility for the care or custody of an elder or dependent adult, whether or not he or she receives compensation, including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, health practitioner, clergy member, or employee of a county adult protective services agency or a local law enforcement agency…") This includes owners and staff of California nursing homes.

⁷California Penal Code 368 -- Elder abuse. ("(b)(1) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000) upon a first conviction or a fine not to exceed ten thousand dollars ($10,000) upon a second or subsequent conviction, or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years… (c) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor. A second or subsequent violation of this subdivision is punishable by a fine not to exceed five thousand dollars ($5,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment…(k) In any case in which a person is convicted of violating these provisions, the court may require him or her to receive appropriate counseling as a condition of probation. Any defendant ordered to be placed in a counseling program shall be responsible for paying the expense of his or her participation in the counseling program as determined by the court. The court shall take into consideration the ability of the defendant to pay, and no defendant shall be denied probation because of his or her inability to pay.")

⁸California Welfare and Institutions Code 15630 -- Mandated reporters. ("(h) Failure to report, or impeding or inhibiting a report of, physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, abandonment, abduction, isolation, financial abuse, or neglect of an elder or dependent adult [in a California nursing home], in violation of this section, is a misdemeanor, punishable by not more than six months in the county jail, by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment. Any mandated reporter who willfully fails to report, or impedes or inhibits a report of, physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, abandonment, abduction, isolation, financial abuse, or neglect of an elder or dependent adult, in violation of this section, where that abuse results in death or great bodily injury, shall be punished by not more than one year in a county jail, by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment. If a mandated reporter intentionally conceals his or her failure to report an incident known by the mandated reporter to be abuse or severe neglect under this section, the failure to report is a continuing offense until a law enforcement agency specified in paragraph (1) of subdivision (b) of Section 15630 of the Welfare and Institutions Code discovers the offense.")

⁹California Penal Code 667.5 -- Prior prison terms; enhancement of prison terms for new offenses. ("(c) For the purpose of this section, "violent felony" shall mean any of the following: (8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice... ") This is the case when a nursing home employee or nursing home facility is responsible for an act that causes an elderly patient to suffer great bodily injury.

See also California Penal Code 667 -- Habitual criminals; enhancement of sentence; amendment of section (otherwise known as California's Three Strikes Law). ("(b) It is the intent of the Legislature in enacting subdivisions (b) to (i), inclusive, to ensure longer prison sentences and greater punishment for those who commit a felony and have been previously convicted of serious and/or violent felony offenses.")

¹⁰California Penal Code 368 -- Elder abuse. ("(b)(1) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000) upon a first conviction or a fine not to exceed ten thousand dollars ($10,000) upon a second or subsequent conviction, or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years. (2) If in the commission of an offense described in paragraph (1), the victim suffers great bodily injury, as defined in [California Penal Code] Section 12022.7, the defendant shall receive an additional term in the state prison as follows: (A) Three years if the victim is under 70 years of age. (B) Five years if the victim is 70 years of age or older. (3) If in the commission of an offense described in paragraph (1), the defendant proximately causes the death of the victim, the defendant shall receive an additional term in the state prison as follows: (A) Five years if the victim is under 70 years of age. (B) Seven years if the victim is 70 years of age or older…(k) In any case in which a person is convicted of violating these provisions, the court may require him or her to receive appropriate counseling as a condition of probation. Any defendant ordered to be placed in a counseling program shall be responsible for paying the expense of his or her participation in the counseling program as determined by the court. The court shall take into consideration the ability of the defendant to pay, and no defendant shall be denied probation because of his or her inability to pay.")

See also California Penal Code 672 -- Offenses for which no fine prescribed; fine authorized in addition to imprisonment. ("Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding one thousand dollars ($1,000) in cases of misdemeanors or ten thousand dollars ($10,000) in cases of felonies, in addition to the imprisonment prescribed.")

¹¹ San Francisco criminal defense attorney Jim Hammer uses his inside knowledge as a former San Francisco Deputy District Attorney to defend clients accused of California nursing home elder abuse throughout the Bay Area, including San Francisco, Oakland, Berkeley, Marin County and San Jose.

¹²California Penal Code 242 PC Battery – ("A battery is any willful and unlawful use of force or violence upon the person of another.")

¹³California Penal Code 243.4 -- Sexual battery. Sexual battery is the nonconsensual touching of another for the purpose of sexual gratification, sexual arousal, and/or sexual abuse.

¹⁴California Penal Code 261 PC -- Rape. Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any a variety of circumstances that include force, fear, fraud, or when a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act. This includes raping an elderly nursing home patient who is unable to communicate consent or who is too fearful to contest the encounter.

¹⁵California Penal Code 288 -- Lewd or lascivious acts. This section punishes those who commit lewd acts on a child or on a dependent person. "Dependent persons" include elders if the victimized individual is over 65 and whose physical or mental abilities have significantly diminished because of age.

¹⁶California Penal Code 187 -- Murder. ("(a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.")

¹⁷California Penal Code 192(b) -- Involuntary manslaughter. ("Manslaughter is the unlawful killing of a human being without malice. It is of three kinds:…(b) Involuntary--in the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. This subdivision shall not apply to acts committed in the driving of a vehicle.") Nursing home elder abuse is closely tied to this charge when the offense is based on criminally negligent acts.

¹⁸ California Penal Code 422 -- Criminal threats. ("Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.") Although the defendant need not carry out the threat in order to be convicted of this offense, he/she would need to actually harm the elder in order to be convicted of California nursing home elder abuse.

¹⁹California Penal Code 487 PC -- Grand theft. ("Grand theft is theft committed in any of the following cases: (a) When the money, labor, or real or personal property taken is of a value exceeding four hundred dollars ($400)…")

²⁰ California Penal Code 484 PC -- Petty theft. Petty theft is any theft where the value of the property, money, or services stolen is $400 or less. Whether the offense is petty theft or grand theft determines the penalty for a nursing home financial elder abuse case.

²¹California Penal Code 470 PC -- Forgery. ("(a) Every person who, with the intent to defraud, knowing that he or she has no authority to do so, signs the name of another person or of a fictitious person to any of the items listed in subdivision (d) is guilty of forgery [that is, any instrument dealing with transferring money, property, or services]. (b) Every person who, with the intent to defraud, counterfeits or forges the seal or handwriting of another is guilty of forgery. (c) Every person who, with the intent to defraud, alters, corrupts, or falsifies any record of any will, codicil, conveyance, or other instrument, the record of which is by law evidence, or any record of any judgment of a court or the return of any officer to any process of any court, is guilty of forgery.")

²²California Penal Code 459 PC -- Burglary. ("Every person who enters any house, room, apartment, tenement, shop, [etc.]…with intent to commit grand or petit larceny or any felony is guilty of burglary. ") Entering a nursing home, intending to steal, sexually abuse, or neglect an elderly patient once inside is sufficient to sustain both nursing home elder abuse charges and burglary charges.

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