California PC 368 (b)(1) states that:
"(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), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years."
Here, in Sonoma County, one of our clients was charged with Felony Elder Abuse, in specific PC 368 (b)(1), for financial elder abuse. The problem? Our client did not even know anything about it. The charges were dismissed against our client after we presented evidence to the District Attorney's Office that the transfer of funds from the victim’s bank account were actually done by client's husband who was a caregiver to the victim. The client had no knowledge of wrongdoing and was only charged because her name was on the joint checking account with her husband. Once this evidence was presented, the District Attorney could not proceed with their case against my client.
That is what we call a very successful outcome!
If you have been charged with a crime, you should contact a Santa Rosa Criminal Defense Attorney as soon as possible to help preserve your rights. We are here to help.