Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Palm Springs, California is home to a large population of retirees and seniors. Crimes against Palm Springs seniors are treated with particular harshness under California law – and by the Riverside County District Attorney’s office.
Special provisions in California’s criminal law are focused on the physical, financial, and emotional harm done to seniors. A Palm Springs elder abuse conviction comes with stiff penalties beyond those for similar offenses against younger adults.
The reasons for this focus on crimes against seniors were specifically expressed by the state’s lawmakers in California’s primary elder abuse law, Penal Code Section 368:
The Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection, 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.
Physical or Emotional Abuse
The physical or emotional abuse of Palm Springs seniors can be prosecuted either as a felony or a misdemeanor depending on the nature of the abuse and the seriousness of the harm done. Penal Code Sections 368(b) and 368(c).
To be convicted of felony elder abuse, prosecutors must prove that:
The distinction between felony elder abuse and misdemeanor elder abuse is in that second element. If the alleged conduct was likely to endanger the health of the elder, rather than likely to result in great bodily injury or death, it can be prosecuted as a California misdemeanor.
Note that the abuse that can get you convicted is not only willful and intentional acts, but those committed with “criminal negligence.”
Palm Springs Elder Abuse Penalties
If you are convicted of felony elder abuse in Palm Springs pursuant to Section 368(b), the consequences can be severe, especially if the senior suffered “great bodily injury” or death or was over 70 years old. The penalties for a felony elder abuse conviction are:
If the abuse resulted in “great bodily injury,” the penalties set forth above are supplemented by additional time in a state prison. Specifically:
If the abuse resulted in a senior’s death:
The penalties for a misdemeanor elderly abuse conviction are:
Charges of elder abuse are not exclusive. You can be charged with elder abuse along with other applicable criminal offenses such as murder, rape, battery, or domestic violence which carry their own penalties.
Given the serious consequences of a Palm Springs elder abuse conviction, it is crucial that you retain an experienced Palm Springs criminal defense attorney if you are facing charges involving physical or emotional harm to a senior citizen. Give us a call today.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
Penal Code 647j PC is the California statute that makes “invasion of privacy” a crime. This code section defines “invasion of privacy” as any of three distinct, yet related, crimes: Penal Code 647j1 – using a device to look through a hole or opening, Penal Code 647j2 – using a concealed camera to look under ...
If you call 9-1-1 in San Diego falsely describing an emergency or a crime in progress in order to get the police or other first responders to go to the scene, you can face serious criminal penalties. “Swatting,” as it sometimes called, is defined by the FBI as: “making a hoax call to 9-1-1 to ...
It is a crime in California for a person to view the inside of a bathroom via a camera. California Penal Code 647(j) PC is California’s criminal “invasion of privacy” law. This law states that it is illegal for a person to view the inside of a room or area in which a person has ...
Penal Code 29.4 is the California statute that sets forth the legal defense of voluntary intoxication. This defense is asserted in criminal cases that involve a specific intent crime. It allows a defendant to introduce evidence of voluntary intoxication in order to show that the accused did not have the specific intent to commit a ...