Penal Code 368 PC – Elder Abuse Law in California

Los Angeles Elder Abuse Defense Attorney

Allegations of elder abuse under California Penal Code 368 PC are taken extremely seriously by prosecutors and can result in jail or prison, steep fines, restraining orders, and long-term consequences that affect your family, career, and freedom.

California defines an elder as any person 65 years of age or older, and the law protects both elders and dependent adults from physical abuse, neglect, emotional suffering, and financial exploitation.

Because of the state's strong public policy to protect seniors, even unintentional conduct or failure to act can result in criminal charges.

If you are being investigated or charged with elder abuse, early legal intervention is critical.

An experienced California criminal defense lawyer can evaluate the facts, challenge the prosecution's evidence, and work to reduce or dismiss the charges whenever possible.

Eisner Gorin LLP is here to help. Schedule your consultation at (818) 781-1570 or contact us here.

What Is Elder Abuse Under California Penal Code 368?

California Penal Code 368 makes it a crime to willfully or negligently cause, permit, or inflict unjustifiable physical pain, mental suffering, or financial harm on an elder or dependent adult.

Unlike many criminal statutes, elder abuse does not always require direct physical violence. A person can be charged for:

Causing harm
Allowing harm to occur
Placing an elder in a situation likely to cause injury
Failing to provide necessary care

This statute is broad and is frequently charged in family disputes, caregiving situations, and domestic-violence-related cases.

Who Is Protected Under PC 368?

Elders

Any person 65 years old or older

Dependent Adults

Adults with physical or mental limitations that restrict their ability to protect themselves
Individuals with developmental disabilities
Adults residing in inpatient or assisted-living facilities

Who Can Be Charged With Elder Abuse?

Elder abuse charges are most commonly filed against:

Family members
Caregivers
In-home aides
Nursing home staff
Anyone in a position of trust or control over the elder or dependent adult

A caretaker includes anyone responsible for the elder's care, custody, or safety—even informally.

Types of Elder Abuse in California

Physical Abuse

Hitting, pushing, restraining
Bruises, fractures, abrasions
Neglect, abandonment, dehydration
Sexual abuse

Mental or Emotional Abuse

Isolation from family or friends
Verbal threats, intimidation
Humiliation or coercion

Financial Elder Abuse

Theft or embezzlement
Forgery or identity theft
Misuse of the power of attorney
Unauthorized use of bank accounts or property

Elements Prosecutors Must Prove

To secure a conviction under Penal Code 368, the prosecution must prove beyond a reasonable doubt that:

The alleged victim was 65 or older or a dependent adult
You knew or should have known their status
You willfully or negligently caused or permitted unjustifiable pain, suffering, or danger
Your actions endangered the elder's health or life

Notably, actual injury is not always required—placing an elder in a dangerous situation may be enough.

Is Elder Abuse a Felony or Misdemeanor?

Penal Code 368 is a wobbler, meaning it can be charged as either a misdemeanor or a felony depending on:

Severity of harm
Vulnerability of the victim
Whether great bodily injury occurred
Your prior criminal history

Penalties for Elder Abuse in California

Misdemeanor Elder Abuse

Up to 1 year in county jail
Fine up to $6,000
Restitution
Informal probation

Felony Elder Abuse

Up to 4 years in California state prison
Fine up to $10,000
Formal probation
Mandatory counseling
Restitution

Enhanced Penalties

If the elder suffered great bodily injury, penalties increase, and the offense may qualify as a strike under California’s Three Strikes Law.

Common Elder Abuse Defense Strategies

An experienced domestic violence defense attorney can raise several powerful defenses, including:

Accident or Medical Condition

Injuries caused by falls, illness, or age-related fragility—not abuse

False Allegations

Claims motivated by family disputes, inheritance conflicts, or caregiver replacement

Lack of Willfulness or Negligence

No intentional or reckless conduct

Self-Defense or Defense of Others

Elder became aggressive and posed an immediate threat

Insufficient Evidence

No medical proof, inconsistent statements, or unreliable witnesses

Why Elder Abuse Cases Are Aggressively Prosecuted

Los Angeles County has specialized prosecution units dedicated to elder abuse cases. These cases are often emotionally charged, and prosecutors frequently rely on assumptions rather than facts.

Without experienced legal representation, defendants risk severe penalties—even when the allegations are exaggerated or unfounded.

Get Help From a Los Angeles Elder Abuse Defense Lawyer

If you are under investigation or charged with elder abuse under Penal Code 368 PC, contact Eisner Gorin LLP immediately.

Our attorneys understand how elder abuse cases are investigated, charged, and litigated—and how to fight back effectively.

📞 Call 818-781-1570 for a confidential case review
📍 Serving Los Angeles County and clients statewide

Early legal intervention can make the difference between dismissal, reduced charges, or incarceration.

Elder Abuse