Elder abuse cases can be emotionally charged, and even before they reach a courtroom, they can carry a stigma that can deeply impact your reputation, relationships, and future.

Under California law, elder abuse refers to causing physical harm, emotional suffering, neglect, and financial exploitation of anyone aged 65 or older. Due to the vulnerability of seniors, prosecutors in Los Angeles aggressively pursue elder abuse allegations, aiming for severe penalties that can reach up to four years in state prison for felony convictions.

Because of these serious consequences, it’s critical to seek help from an experienced elder abuse attorney immediately.

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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.

In California, elder abuse can be committed by caregivers, family members, nursing home staff, or anyone responsible for the elder’s care – and the law applies whether the harm was inflicted willfully or through criminal negligence.

It’s important to note that even passive neglect (failing to act) can result in criminal charges under elder abuse statutes. Elder abuse law in California is designed to protect vulnerable seniors, so prosecutors do not take these cases lightly.

Misdemeanor vs. felony elder abuse charges and penalties

Elder abuse (PC 368) is a “wobbler” offense in California, meaning it can be charged as either a misdemeanor or a felony depending on the circumstances.

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 – If the situation did not pose a likelihood of great bodily harm or death, prosecutors may file misdemeanor elder abuse. However, if the victim was placed in conditions likely to produce serious harm or death, the charge will likely be a felony. In other words, the more severe or reckless the abuse, the higher the charge.
Potential Incarceration – A misdemeanor elder abuse conviction can result in up to 1 year in county jail. A felony elder abuse conviction carries significantly harsher punishment – typically 2, 3, or 4 years in state prison. Courts also have discretion to grant probation in some cases, but imprisonment is a real risk with felony convictions.
Fines and Restitution – For a misdemeanor elder abuse conviction, the court may impose fines up to $6,000 (in addition to victim restitution for any losses). For a felony, fines can be as high as $10,000, along with restitution. These financial penalties are on top of any jail or prison time.
Sentence Enhancements – California law adds enhanced penalties if an elderly victim suffers major injury or death as a result of the abuse. For instance, a defendant can face an additional 3 years in prison if the victim suffers great bodily injury (and 5 extra years if the victim is 70 or older). If the abuse causes the victim’s death, the sentence can increase by 5 extra years (or 7 extra years if the victim was 70+). These enhancements reflect the especially grievous nature of seriously harming a senior.

Financial elder abuse cases have their own penalty scheme based on the value of the money or property taken. If the amount is small (such as $950 or less), it is typically a misdemeanor offense (punishable by up to 1 year in jail and fines). However, larger losses over $950 can lead to felony financial elder abuse charges, with potential penalties of 2–4 years imprisonment and fines up to $10,000.

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.

Overall, the consequences of an elder abuse conviction are severe. Beyond jail or prison, one can expect probation terms, mandatory counseling, and a lasting criminal record. Given these stakes, anyone accused of elder abuse should consult a knowledgeable elder abuse defense attorney right away to start building a defense and potentially mitigate the charges.

Los Angeles prosecutes elder abuse cases aggressively

In Los Angeles County, authorities have a reputation for pursuing elder abuse cases vigorously.

The Los Angeles County District Attorney’s Office annually prosecutes numerous elder abuse cases and has publicly committed to punish perpetrators “to the fullest extent of the law.” Prosecutors view crimes against the elderly as particularly egregious due to the victims’ vulnerability.

In fact, the DA’s office has specialized units (formerly part of the Victim Impact Program) dedicated to handling elder abuse, ensuring these cases get focused attention. District Attorney George Gascón even announced a restructuring to centralize the prosecution of elder abuse cases (along with other crimes against vulnerable victims) to improve effectiveness. This means a team of prosecutors with specific expertise is often assigned to elder abuse matters, reflecting how seriously these cases are taken in Los Angeles.

Citywide also show that elder abuse is a growing concern. Recent data revealed that reports of elder abuse in Los Angeles County increased by about 11% in a single year – with over 6,000 incidents reported to the Sheriff’s Department in one yea.

The Los Angeles Police Department likewise saw an uptick in city elder abuse cases. This rise in reported cases puts pressure on law enforcement and the courts to act decisively. Consequently, local prosecutors may be more aggressive in charging offenders, and judges are aware of the heightened public concern. High-profile efforts are underway to protect seniors, from police task forces to public awareness campaigns, which means that if you’re accused of elder abuse in L.A., you can expect a very proactive approach from the authorities.

It’s also worth noting that Los Angeles courts treat allegations of elder abuse seriously. Judges often impose high bail amounts and strict release conditions for those charged, especially in cases involving physical harm or large financial losses. The combination of dedicated prosecution units and heightened public scrutiny in Southern California means you need a strong defense strategy from the very start.

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.

Attorney Robert M. Helfend, has successfully defended more than 4,000 cases – ranging from complex fraud and major felonies to high-stakes charges like domestic violence and child abuse. This breadth of experience means we understand how to handle sensitive abuse allegations and know how to find the weaknesses in the prosecution’s case.

Why choose Helfend Law Group as your elder abuse defense counsel?

Here are a few reasons:

Decades of Expertise – With a career spanning well over three decades, Mr. Helfend has earned a reputation as a top Los Angeles criminal defense lawyer. He has been recognized among the Top 100 Trial Lawyers and has built a strong rapport in local courts. Our firm knows the ins and outs of elder abuse law California applies, including Penal Code 368 and related statutes, so we can expertly navigate the legal technicalities to your advantage.
Successful Case Results – The Helfend Law Group has a strong track record of case dismissals and acquittals. We don’t just talk about defense – we deliver results. In one recent felony trial, our defense strategy convinced the jury to return a “not guilty” verdict in just one hour. In another case, we got serious charges dismissed before trial by methodically challenging the evidence. While every case is unique and past results cannot guarantee future outcomes, our history of wins in difficult cases speaks to our skill and dedication. We fight aggressively to get charges reduced or dropped whenever possible.
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.