A 62-year-old Aliso Viejo man has been arrested on suspicion of elder abuse and sexual battery. According to a KTLA news report, officials made the arrest after a 66-year-old woman reported that he had been sexually abusing her for the past six months. Investigators claim that the licensed caregiver has admitted to assaulting the woman. His bail has been set at $100,000.
California has specific laws in place to protect elders and other dependent adults from abuse. Under California Penal Code Section 368 (b), a person is guilty of elder abuse who:
“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.”
Elder abuse is a serious crime that can result in up to one year in county jail and a fine of $6,000 or up to four years imprisonment in a state prison. Individuals who cause great bodily injury to an elderly victim can face an additional three years of imprisonment if the victim is under 70 years of age or an additional five years if the victim is 70 years of age or older.
A skilled elder abuse criminal defense attorney will consider a number of possible defenses and negotiate for reduced penalties. Some of the questions the attorney will consider include: Are the charges of abuse based on false accusations? Did the arrest result from a mistaken identity? Is there insufficient evidence against the defendant?
Someone who has been arrested for elder abuse will likely have serious careers sigma or reputation damage. It is extremely important if you are being investigated for or charged with elder abuse that you hire an skilled criminal defense attorney to defend you and who will work quickly to protect your rights and reputation.
David A. Stein is skilled criminal defense attorney with a track record of obtaining very successful outcomes for his clients. If you have been accused of a crime or need help with any criminal matter, contact our law offices today at (949) 445-0040 for a consultation.