California Penal Code 368 covers specified physical abuse, endangerment and financial crimes involving an elder age 65 or older or a qualifying dependent adult. The charged subsection, knowledge, conduct and risk of harm determine whether the case is a misdemeanor or felony and which penalties apply.
Physical-abuse and financial-abuse allegations have different elements. A four-year felony base term is not the maximum in every case: separately proved injury or death enhancements may increase exposure.
Because of these serious consequences, it’s critical to seek help from an experienced elder abuse attorney immediately.
Understanding California elder abuse law (Penal Code §368)
California’s primary elder abuse law (Penal Code §368) makes it a crime to abuse, neglect, or exploit an elder (age 65+). This law covers a wide range of conduct, including:
- Physical Abuse – Inflicting physical pain or injury on an older adult (for example, hitting, shaking, or improper restraint).
- Emotional/Psychological Abuse – Causing mental suffering through threats, harassment, or intentional isolation of the elder.
- Neglect or Endangerment – Failing to provide adequate care or placing a senior in unsafe conditions (such as withholding food, medication, or sanitary living conditions).
- Financial Elder Abuse – Taking or misusing an elderly person’s money or property through theft, fraud, forgery, or undue influence. This includes scams targeting seniors, embezzlement by caregivers, or identity theft against an elder.
PC 368 can apply to caregivers and noncaregivers, depending on the subsection. Physical-abuse provisions require the relevant knowledge or reason to know the person’s protected status; care or custody matters for particular acts or omissions. Not every poor care outcome proves criminal negligence.
An omission can support a charge when the statute’s duty, mental-state, danger and other requirements are established. The prosecution must prove criminal conduct; a civil care dispute or adverse medical outcome is not enough by itself.
Misdemeanor vs. felony elder abuse charges and penalties
Some PC 368 violations are wobblers, while others are misdemeanors. PC 368(b)(1), involving conditions likely to produce great bodily harm or death, permits misdemeanor or felony treatment. PC 368(c) addresses less-dangerous circumstances and is a misdemeanor.
Generally, cases where the abuse is less likely to cause great harm are treated as misdemeanors, while more dangerous or harmful conduct can lead to felony charges. Key differences between misdemeanor and felony elder abuse include:
- Injury and circumstances: PC 368(b)(1) permits misdemeanor or felony treatment when the conditions are likely to produce great bodily harm or death. PC 368(c) addresses less-dangerous circumstances. The charged subsection and evidence control; serious allegations do not automatically require a felony filing.
- Potential incarceration: PC 368(b)(1) permits up to one year in county jail or a felony prison term of two, three or four years. A first PC 368(c) misdemeanor ordinarily has a six-month maximum; a repeat violation can carry up to one year. Financial offenses have their own provisions.
- Fines and restitution: The charged subsection controls. PC 368(b)(1) specifies up to $6,000 for the misdemeanor option; a first PC 368(c) violation generally has a $1,000 maximum fine, with up to $2,000 for a repeat. Financial crimes use the limits in subdivisions (d) and (e). Restitution is a separate issue.
- Injury or death enhancements: Under PC 368(b), qualifying great bodily injury adds three years when the victim is under 70 or five years when 70 or older. A qualifying death adds five or seven years respectively. The statute bars imposing both its injury and death enhancements for the same offense and bars duplicating its injury enhancement with PC 12022.7.
Financial elder abuse under PC 368(d) or (e): A value of $950 or less carries up to one year and a $1,000 fine. Above $950, the offense is a wobbler: up to one year and $2,500, or a felony term of two, three or four years under PC 1170(h) and up to $10,000. Caretaker status determines which subdivision applies.
In other words, financial elder abuse California prosecutions can range from a misdemeanor for a minor exploit to a major felony if a senior’s life savings were stolen. Importantly, multiple acts or a pattern of fraud can result in multiple charges or additional penalties.
A conviction can involve restitution, probation conditions and a protective order. Counseling may be imposed as a probation condition; it is not mandatory in every PC 368 case, and inability to pay for counseling is not itself a reason to deny probation under the statute.
Los Angeles prosecutes elder abuse cases aggressively
In Los Angeles County, authorities have a reputation for pursuing elder abuse cases vigorously.
Charging decisions depend on the available evidence and the specific offense. Counsel should identify the alleged act, relevant duty of care, knowledge of protected status and proof of injury or loss rather than assume that every allegation will receive a felony filing.
Ask counsel to distinguish a criminal investigation from adult protective services, a licensing inquiry or a civil financial dispute. Each process has different purposes and evidentiary requirements.
The person’s medical history and financial records are more useful for an individual defense than an unsupported countywide percentage. Preserve dated records that show what happened and who had authority to act.
Witness accounts should be compared with records and timing. A family disagreement, unfamiliar transaction or change in health may require investigation without itself establishing every element of elder abuse.
Bail and release conditions require an individual review of the charge, evidence and applicable law. Bring any protective or release order to counsel and comply with its terms while the allegation is addressed.
As an elder abuse defense attorney, Robert M. Helfend of the Helfend Law Group understands the tactics Los Angeles prosecutors use and the expectations of area courts in these cases.
Helfend Law Group’s experience in elder abuse defense
When you’re facing an elder abuse accusation, you need a defense team with a proven record and deep knowledge of California criminal law. The Helfend Law Group offers you the benefit of over 40 years of criminal defense experience in Southern California courtrooms.
Robert M. Helfend has practiced criminal defense since 1984. His professional profile reports experience in more than 4,000 cases; that is an experience claim, not a statement that every case was won. His active State Bar record and 2020 through 2023 Super Lawyers selections can be checked independently.
Why choose Helfend Law Group as your elder abuse defense counsel?
Here are a few reasons:
- Decades of practice: Mr. Helfend has practiced criminal defense since 1984. The defense analysis begins with the charged subsection and evidence rather than an unverified current award or generalized claim of special influence in court.
- Reported case results: The firm describes a September 2024 Torrance trial ending in not-guilty verdicts on murder and related shooting charges. That was a different offense and does not predict the result of an elder-abuse case. Read the firm’s account and its specific facts.
- Comprehensive Defense Strategy – When you hire our firm, you get a dedicated elder abuse defense attorney who will thoroughly investigate the accusations against you. We know that elder abuse claims can sometimes stem from family disputes, false accusations, or misinterpretations. Our team will gather medical records, witness statements, financial documents, and any other evidence to build your case. We often work with experts, such as medical professionals or forensic accountants, to challenge the prosecution’s narrative. If there are indications of false allegations or ulterior motives (for instance, a family member fabricating claims to gain control of an elder’s assets), we will bring those to light. Our goal is to cast doubt on the prosecution’s version of events and highlight your innocence or the lack of clear proof.
- Personalized, Compassionate Representation – We understand that being accused of harming a senior, especially someone you care about, is extremely distressing. Our attorneys approach each elder abuse defense case with sensitivity and professionalism. We listen to your side of the story without judgment, and then we explain your options in plain English. Throughout the process, we make sure you stay informed and involved in your defense. You will never feel like just another case file to us; protecting your future is our personal mission.
Having a knowledgeable elder abuse attorney near you can make all the difference when you’re navigating charges in Los Angeles.
Our firm is local to L.A. and deeply familiar with the judges, prosecutors, and nuances of elder abuse cases in this area. We leverage that local experience to benefit our clients at every stage, from investigation and pre-file representation (to possibly prevent charges from being filed in the first place) all the way through trial if necessary.
Call now for a free consultation
If you or a loved one has been accused of elder abuse in Los Angeles or anywhere in Southern California, don’t wait to seek legal counsel. Early intervention by a skilled abuse attorney can significantly improve the outcome of your case. The prosecution is already building a case against you, now is the time to build your defense. Call us at 800-834-6434 to schedule your free, confidential consultation.
Published May 30, 2025.
Build a record of care, authority and timing
| Issue | Records counsel may need |
|---|---|
| Care or custody | Care agreements, shift logs, assigned duties and communications about who was responsible. |
| Medical condition and alleged neglect | Dated symptoms, treatment instructions, medication records and the sequence of medical events. |
| Financial authority | Account records, powers of attorney, consent documents, receipts and the purpose of disputed transactions. |
| Protected status and knowledge | Age, relevant dependent-adult limitations and evidence of what the accused knew. |
A dependent adult under PC 368 is generally a person age 18 through 64 with specified physical or mental limitations, and the definition includes qualifying inpatients at a 24-hour health facility. The elder and dependent-adult definitions should be checked before assuming an age-65 rule resolves the charge.
Sources and legal standards
Legal information checked October 10, 2026. The charge, evidence and applicable version of the law control the analysis of an individual case.
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