California Penal Code 368 – Elder Abuse

California Penal Code 368 makes it a crime to abuse, neglect, financially exploit, or endanger an elder or dependent adult.

Elder abuse charges are taken extremely seriously in Los Angeles County and throughout California. Prosecutors often have specialized units dedicated to investigating and prosecuting these cases.

If you are accused of elder abuse, you could be facing misdemeanor or felony charges, significant jail or prison time, fines, probation, and potentially a strike under California's Three Strikes law.

Understanding how Penal Code 368 works, what the prosecution must prove, and what defenses may apply is critical.

In California, the DV statute of limitations for prosecutors is generally five years to file criminal charges for most domestic violence offenses, under recent changes in the law.

You can still be prosecuted for domestic violence in California even if the alleged victim refuses to testify.

Your best hope for a favorable outcome in a domestic violence case is with a highly experienced criminal defense attorney at Esfandi Law Group. To schedule a free consultation, call (310) 274-6529 or contact us here.

Who Is Considered an Elder Under California Law?

Under Penal Code 368, an elder is anyone 65 years of age or older.

The statute also applies to dependent adults, even if they are younger than 65.

If the alleged victim is considering changing their domestic violence statement, it's important to understand how the legal system handles these cases and the potential risks.

California Family Code 6211 defines which relationships qualify for domestic violence protections and for enhanced criminal penalties.

Who Is Considered a Dependent Adult?

A dependent adult is a person between 18 and 64 years old who has physical or mental limitations that restrict their ability to carry out normal activities or protect their rights.

This may include:

Individuals with developmental disabilities
Adults with significant physical impairments
Adults residing in inpatient or residential care facilities

The law protects both elders and dependent adults.

Who Is Considered a Caretaker?

A caretaker is a person who:

Has care or custody of an elder or dependent adult
Has assumed responsibility for providing care
Holds a position of trust

Caretakers can include family members, professional caregivers, or facility staff.

However, Penal Code 368 charges are not limited to caretakers. Anyone who willfully causes harm may be prosecuted.

Legal Definition of Elder Abuse Under Penal Code 368

Under Penal Code 368, a person commits elder abuse if they:

Willfully cause or allow an elder or dependent adult to suffer unjustifiable physical pain or mental suffering, or
Willfully cause or permit the elder's health to be endangered under circumstances likely to produce great bodily harm or death

The statute also covers financial exploitation and theft from an elder.

Types of Elder Abuse Charges

Physical Abuse

Physical abuse involves causing bodily injury or pain, including:

Bruises
Broken bones
Head trauma
Abrasions
Internal injuries

It may also include neglect, abandonment, or sexual abuse.

Mental or Emotional Abuse

Mental suffering includes:

Threats
Intimidation
Isolation from family or friends
Humiliation or harassment

Isolation or restricting communication can qualify under certain circumstances.

Financial Elder Abuse

Financial exploitation may include:

Embezzlement
Forgery
Identity theft
Fraud
Unauthorized transfers of money or property

Financial abuse cases are increasingly prosecuted in California.

Although courts can swiftly issue temporary restraining orders based on minimal information, a judge will only approve a final restraining order after examining evidence during a formal hearing.

Elements the Prosecutor Must Prove

To convict you under Penal Code 368, the prosecution must prove:

The alleged victim was 65 or older, or a dependent adult
You knew or reasonably should have known their status
You willfully caused or allowed unjustifiable physical pain or mental suffering, or
You placed the elder in a situation where their health was endangered

The term willfully means the act was done deliberately, not accidentally.

The prosecution does not have to prove that great bodily injury actually occurred. It is enough that your conduct was likely to produce serious harm.

In some cases, prosecutors may agree to reduce domestic violence charges through plea negotiations.

Is Penal Code 368 a Felony or Misdemeanor?

Domestic violence penalties often include mandatory probation, protective orders, counseling obligations, and significant collateral consequences that can affect many areas of your life.

Elder abuse is a wobbler offense. This means it can be charged as either a misdemeanor or a felony depending on:

The severity of the alleged harm
Whether great bodily injury occurred
The defendant's criminal history
The specific facts of the case

Often, judges place defendants on probation for domestic violence rather than imposing lengthy jail or prison sentences.

If convicted of a domestic violence offense in Los Angeles, the court may require you to pay DV restitution to the victim as a mandatory probation condition.

Penalties for Misdemeanor Elder Abuse

If charged and convicted as a misdemeanor, penalties may include:

Up to one year in county jail
A fine of up to $6,000
Informal probation
Restitution

Penalties for Felony Elder Abuse

If charged as a felony, penalties may include:

Two, three, or four years in state prison
A fine of up to $10,000
Formal probation
Counseling
Restitution

Great Bodily Injury Enhancement

If the elder suffers great bodily injury, additional prison time may be imposed.

In some cases, the offense may qualify as a strike under California's Three Strikes law.

Domestic violence convictions can have severe DV immigration consequences for noncitizens, including deportation, inadmissibility, denial of naturalization, and loss of lawful immigration status.

Common Defense Strategies

Understanding common defenses used in domestic violence cases can help you better protect your rights and future.

Every elder abuse case is fact-specific. Possible defenses may include:

Accidental Injury

If the injury was accidental and not willful, the required mental state may be lacking.

False Allegations

False accusations can arise from:

Family disputes
Inheritance conflicts
Caregiving disagreements
Misunderstandings regarding medical conditions

Independent investigation may reveal inconsistencies.

Lack of Knowledge

If you did not know and had no reason to know the person qualified as an elder or dependent adult, that may be relevant to your defense.

Self-Defense

If the alleged victim was physically aggressive and you used reasonable force to protect yourself or another person, self-defense may apply.

Frequently Asked Questions

Does the victim have to suffer serious injury?

No. The law applies if the conduct was likely to cause serious harm, even if great bodily injury did not occur.

Can a family member be charged with elder abuse?

Yes. Many cases involve family members or caregivers.

What if I did not intend to harm the elder?

The prosecution must prove you acted willfully. Accidental conduct may be a defense.

Can elder abuse charges be reduced?

Depending on the facts, felony charges may be reduced to misdemeanors or resolved through alternative means.

Related Crimes to California Penal Code 368 PC

California Penal Code 368 makes it a crime to abuse, neglect, or financially exploit an elder (age 65 or older) or a dependent adult.

Depending on the allegations, prosecutors often file additional or alternative charges. These related offenses can significantly increase potential penalties.

Penal Code 273a – Child Endangerment

While PC 368 protects elders and dependent adults, Penal Code 273a applies to child endangerment.

If an incident involves both a minor and an elderly person, prosecutors may file charges under both statutes.

Under California Penal Code Section 270, parents and guardians must provide children with essentials like food, clothing, shelter, and medical care. Not fulfilling these duties without a legal excuse can lead to child neglect charges.

Penal Code 273.5 – Corporal Injury to a Spouse or Cohabitant

If the alleged victim is an elderly spouse or cohabitant and suffered a traumatic injury, prosecutors may file both elder abuse and domestic violence charges.

This can increase sentencing exposure and probation restrictions.

Penal Code 243(d) – Battery Causing Serious Bodily Injury

If the alleged elder abuse resulted in serious physical injury, prosecutors may add felony battery charges.

This offense carries enhanced penalties when significant injury is involved.

California Penal Code 594, the vandalism law, makes it illegal to maliciously damage, destroy, deface, or graffiti another person's property.

California Penal Code 602, the trespassing law, makes it illegal to enter, remain on, or occupy another person's property without permission, or to interfere with that property.

Under California Penal Code 591.5 PC, prosecutors can file criminal charges against anyone accused of damaging a phone device to stop another person from contacting law enforcement, medical responders, or emergency services.

Penal Code 245(a)(4) – Assault by Means Likely to Produce Great Bodily Injury

If force likely to cause major injury was used, felony assault charges may be filed in addition to elder abuse.

Penal Code 484 / 487 – Theft or Grand Theft

When elder abuse involves financial exploitation, prosecutors may charge theft or grand theft.

Examples include:

Unauthorized withdrawals
Fraudulent property transfers
Misuse of financial accounts

Grand theft charges may apply if the value exceeds statutory thresholds.

Penal Code 532 – Fraud

If the allegations involve deception or false representations to obtain money or property from an elder, fraud charges may be filed.

Penal Code 530.5 – Identity Theft

If someone unlawfully uses an elder's personal identifying information for financial gain, identity theft charges may accompany elder abuse allegations.

Penal Code 368(d) – Financial Elder Abuse

This subsection specifically addresses theft, embezzlement, forgery, or fraud committed against an elder.

Financial elder abuse can be charged as either a misdemeanor or a felony, depending on the value involved.

Penal Code 368(b) – Elder Abuse Causing Great Bodily Injury

If serious injury results, prosecutors may pursue felony charges under subsection (b), which carry significantly higher penalties.

Penal Code 12022.7 – Great Bodily Injury Enhancement

If the alleged abuse caused substantial physical harm, prosecutors may seek an enhancement that increases potential prison time.

Speak With a Los Angeles Elder Abuse Defense Lawyer

Understanding the domestic violence court process in Los Angeles can help you protect your rights and avoid mistakes that could harm your future.

Elder abuse allegations can damage your reputation, career, and freedom. Prosecutors aggressively pursue these cases, and early intervention by a criminal defense attorney can significantly affect the outcome.

If you are under investigation or charged under Penal Code 368, do not speak to law enforcement without legal representation. A strategic defense begins with a thorough review of the facts and evidence.

Esfandi Law Group is here to help. Schedule your free consultation at (310) 274-6529 or use the contact form here.