California Penal Code 368

Are you facing charges for Elderly Abuse? Violation of Penal Code 368 can be a serious felony or misdemeanor offense. Depending upon the specific circumstances for which your charges are based upon, you could face years in prison, thousands of dollars in restitution and fines, probation and more. At MacGregor & Collins, LLP, we know that many of those who are charged with this offense are not guilty, but where instead at the wrong place at the wrong time. Call us today to find out how we can help you stay out of jail and get your life back on track.


PC 368 Defined


The following are the three types of elder abuse governed by California penal codes:


  • Mental abuse such as verbally abusing or isolating someone
  • Physical abuse, which could be sexual, disregard or desertion
  • Financial abuse where fraud or theft is committed


Elders in these cases are individuals over the age of 65.


In order to prosecute for Orange County Elderly Abuse, the state has the burden to prove you were guilty of:


  • Deliberately subjected an elder to inexcusable pain (whether physical or mental)
  • These subjections could likely cause bodily harm or even death
  • You are aware that the person is an elder


Potential Penalties for Penal Code 368 Violations


The penalties or punishment for Elderly abuse depend on a number of factors including your criminal history and the circumstances surrounding the case. Elderly abuse can be filed under (felony or misdemeanor), and those found guilty can face:


  • Misdemeanor – Up to I Year in the Orange County Jail and a maximum $6,000 fine
  • Felony – 2-4 Years in the California State Prison and a maximum $10,000 fine


Other Potential Penalties:


Both felony and misdemeanor charges require probation. You may also be required to pay restitution to the victim and also go through counseling.


If you are facing elderly abuse charges for Penal Code 368, there may be several opportunities for you to expose the prosecution’s flaws and have your case dismissed, but without proper representation you may not be able to uncover these facts. Don’t let your case spiral out of control. Call us at (888) 250-2865 and a skilled Orange County legal professional will provide you with a free consultation and case evaluation.

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