Q: If a person been arrested for simple elderly abuse on 65 or older and the person only had a bruise no bleeding
A:
Under California law, elder abuse is a serious offense, and even if the abuse results in a seemingly minor injury like a bruise, it can still lead to criminal charges.
In California, Penal Code Section 368 covers elder abuse. The law defines elder abuse as physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment resulting in physical harm, pain, or mental suffering to a person 65 years of age or older.
If a person is arrested for elder abuse under PC 368, they could face either misdemeanor or felony charges, depending on the circumstances of the case and the severity of the abuse.
Misdemeanor elder abuse (PC 368(c)) is punishable by:
- Up to one year in county jail, and/or
- A fine of up to $6,000
Felony elder abuse (PC 368(b)(1)) is punishable by:
- Two, three, or four years in state prison, and/or
- A fine of up to $6,000
It's important to note that the absence of bleeding does not necessarily mean the abuse was minor or that the charges will be less severe. The bruising alone could be sufficient evidence of physical harm, and the law takes elder abuse very seriously.
However, the specific circumstances of each case will be considered when determining the appropriate charges and penalties. Factors such as the severity of the injury, the intent of the accused, and any prior criminal history will likely be taken into account.
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