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To protect the aged person, California has enacted laws and penalties for anyone that is engaged in abuse of the elderly persons or dependent adults, declaring it as a criminal offense. The aged persons often have weak memory and movement which makes them vulnerable and therefore, the state has implemented laws that can protect these individuals. Elder abuse can occur in many ways, but physical and emotional abuse and financial exploitation are the common abuses that are reported to the authorities.
Elder abuse is defined, charged and argued under PC 368. According to this statute
A person who ‘willfully’ inflicts pain, physical abuse, mental suffering or great bodily injury or ‘willfully’ allows the elder or dependent adult to remain in a situation that can cause pain, suffering or health damages, or who commits embezzles, fraud or forgery or falsely imprison the elderly is punishable by law.
Like all criminal offenses, PC 368 has elements of the crime that the prosecutor must prove for conviction. The following are the elements of the crime of elder abuse.
While, the physical abuse is the most common types of abuse, the examples of elderly abuse include
However, many times these charges are falsely levied on caretakers whether at-home or at the boarding care without any reasonable or significant evidence. Several times, elder abuse charges are used by family members to get back to the other family members, to even the score, or to grab a share of gifts or inheritance. The weak memory of the purported victim or elderly further complicates the case.
If you are or your loved one is in trouble for facing the elder abuse charges, discuss the case with our experience defense attorney at (800) 755-5174. We provide free consultation to the defendants stuck in criminal charges. David S. Chesley’s Law office has its distinct name and reputation throughout the state of California for aggressive and successful defense. Our team of lawyers have worked as part of the legal system in the office of prosecutor, the law enforcement and court in the past which gives a competitive ability to prepare successful defense and present it in the court. We have the know-how of both sides of law which enables to effectively present your side of the story in the court leading to the dismissal of charges or reduced penalties.
Elder abuse is a wobbler in Californian the law which means it can be charged as a misdemeanor or felony based on the circumstances of the case and previous convictions. The following are the penalties for elder abuse.
Elder Abuse: up to $6000 in fines, up to one year in county jail, up to four years in state or both fines and imprisonment.
Elder Abuse with great bodily injury: up to 3 years for the victim under 70 years and up to 4 years for victim 70 years old or above.
Elder Abuse with death: up to 5 years for the victim under 70 years and up to 7 years for victim 70 years old or above.
Elder Abuse second offense or subsequent offense: $2000 fines and up to one-year jail time in county jail.
Financial Abuse: up to $10, 000 in fines and up to one year in county jail depending on the amount of money or valuable.
In our experience of successfully defending hundreds of elder abuse cases, we have almost seen it all. We know that many of the charges are completely baseless and are only intended to harm the defendant. We uncover the facts about the case and bring details that imply that there are not
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Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!
Client allegedly sold rock cocaine to undercover officer faced 10 years following our argument client received NO JAIL TIME!
Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!
Rodrigo L. San Fernando, CA (Sherman Oaks Yelp Review)
I am truly pleased with my experience with the Law Offices Of David S Chesley. They answered all my questions and provided me with great advice and legal services. My case resolved quickly. Thank you!
Ricardo Esteves Los Angeles, CA (Los Angeles Google Places Review)
I left court yesterday with my last case being wrapped up. Two court appearances and that's it. He represented me in a couple of different cases and was impressive to say the least. Always a phone call or text message away. Confident and aggressive when he needed to be. Calming and thorough when meeting with me. Attorney Chesley did exactly what he said he would and I got the results I needed. He seemed to know all the right people at the Temple Street courthouse. You can always get in contact with him quickly and he is a great lawyer. I highly recommend his legal services.
Erica Geller Ontario, CA (Ontario Facebook review)
My brother was given a very caring attorney that was assigned to his case and we had very helpful case managers throughout the process. I strongly recommend David Chesley to anyone who is in trouble. I called in to get help on my brothers case and right away I liked their service. My brothers charges were eventually dismissed after the attorney got him into a program, now he could go on without the trouble of having anything on his record
Elizabeth F. San Diego, CA (San Diego Google Places Review)
I retained Mr. Chesley and his firm and from the beginning they were extremely professional both in communicating the status of my case to me, explaining the situation as a whole, and just downright taking care of business. It was money well spent for a job well done. Thanks again to David and Melissa others that worked on my case. I recommend this firm to anyone in need of legal representation. Don’t just accept things the courts force on you, call this firm and protect yourself.
Leon Hanley Los Angeles, CA (Los Angeles Avvo review)
I contacted Mr. Chesley and his firm because some unfortunate events had left me in a jam. Detectives were demanding I testify or be prosecuted for a crime I didn’t commit. (I wasn’t involved or even at the scene of the alleged crime when it supposedly took place.) Mr. Chesley explained to me that he had been through similar situations with his clients before and understood exactly what was going on. His response to what took place was nothing short of amazing. No matter how small my concern, Mr. Chesley addressed it in a timely manner. He advocated for what is right and empathized with me in dealing with the Court system. After meeting with the supervising D.A. and providing alibi evidence he was able to get me out the situation. I’m very grateful to have found him.
Britanny Givens Newport Beach, CA (Newport Beach Google Places)
I hired David Chesley for my criminal defense in 2012. he was recommended to us for is success results and his low fees. David is very smart and his professional legal advice was honest & much appreciated during these stressful time. David's knowledge, advice, and communication about what we were to expect was reassuring and beneficial to me. He charged me a reasonable flat rate and didn't charge me any surprise fees. In my case David Chesley was able to negotiate with the prosecution attorney for the best result I could hope for. He had success at getting my criminal charges dismissed with the judges approval. You will not be disappointed if you hire The Law Offices of David S. Chesley.
Andrew A. North Hollywood, CA (Better Business Bureau review)
David is very professional, yet very casual. Although it is typically not easy to speak straight up with an attorney, he is very easy to talk to. He replied to my questions quickly and was available all hours. Not only did he get my case resolved with a dismissal, he went above and beyond and got me an expungement without me even requesting it. He never beats around the bush and tells you like it is. At the same time is willing to work overtime to get the results you request. I would use David's services again in the future.