Is Elder Abuse Considered a Felony in California?

The term ‘elder abuse’ describes the mistreatment, neglect, or exploitation of adults over the age of 65. Some of the most common victims of elder abuse are residents of long-term care facilities such as nursing homes. Elder abuse in nursing homes can take many forms, including physical, financial, and emotional.

Whether or not elder abuse is considered a felony depends on the details of the case and the laws within the jurisdiction. In California, several laws specifically address the scourge of elder abuse in nursing homes. An elder abuse lawyer can help you determine liability. Let’s have a closer look at what California law says.

California Penal Code Section 368

Under California Penal Code §368, it is a criminal offense to physically abuse, neglect, financially exploit, or endanger an elderly or dependent adult. Depending on the nature and severity of the misconduct, these offenses may be prosecuted as either misdemeanors or felonies — often referred to as “wobbler” offenses, as they can be charged either way.

The law was enacted to protect “elders” - defined as those aged 65 or older - and “dependent adults” (ages 18-64 with physical or mental limitations that restrict everyday activities or the ability to protect their rights) from abuse, neglect, endangerment, false imprisonment and financial exploitation.

When Nursing Home Abuse Becomes a Felony

Whether nursing home abuse is charged as a felony in California depends largely on the severity and circumstances of the abuse. Common factors that may elevate charges to felony status include:

• Severe Physical Abuse. Inflicting serious bodily harm or injury — such as through assault, beating, or other violent acts — can result in felony charges
• Financial Exploitation. Caregivers or staff who steal money, forge documents, or manipulate elderly residents for financial gain may face felony prosecution
• Placing an elderly person in a situation that poses a significant risk to their health or safety, resulting in potential or actual harm, can also constitute a felony.

Elements for Prosecutors

Different subdivisions of §368 require somewhat different elements. Here are some of the most common elements prosecutors must prove:

• The defendant knew or reasonably should have known the victim was an elder or dependent adult
• The defendant willfully inflicted unjustifiable physical pain or mental suffering, or placed the elder in a situation where their health or safety was endangered
• In cases of financial exploitation, the defendant committed theft, embezzlement, forgery, or fraud (or identity theft) of property or personal identifying information of the elder/dependent adult.

Penalties

Under §368, the penalty, if charged as a felony, can be up to 2, 3, or 4 years in state prison.

For theft, value and caretaker-status alter the penalty. When the value exceeds $950 the penalties are more severe.

If the victim is over 70 years old, or if great bodily injury/death results, there can be additional years added.

Reporting and Investigation

Cases of nursing home abuse are often uncovered through reports made by concerned family members, fellow residents, or facility employees. Once a report is filed, law enforcement or Adult Protective Services (APS) typically initiates an investigation. If sufficient evidence is found, the case may move forward to criminal prosecution.

For more details, see California Penal Code Section 368.

If you suspect a loved one has been the victim of nursing home abuse in California, speak with dedicated elder abuse attorneys in Los Angeles to determine whether or not you have grounds for an elder abuse lawsuit.