Are you being charged with elder abuse in San Jose, CA? When facing these charges, you need legal assistance from Ahmed & Sukaram, Criminal Defense Attorneys at (408) 217-8818. Unfounded claims or honest caregiving mistakes should not threaten your freedom or your life’s work, but without a knowledgeable defense, misunderstandings can quickly turn very serious. Contact us today for assistance.
Our legal team has over 30 years of combined experience. Contact our law office to schedule a consultation with a San Jose elder abuse lawyer.
Why Choose Ahmed & Sukaram to Help Me if I’m Arrested For Elder Abuse in San Jose, CA?
When you’re being charged with elder abuse in San Jose, California, the consequences can reach far beyond the courtroom. Your reputation, job, and family relationships are all on the line. You need a legal team with the experience and skill to help.
Here’s what sets our San Jose criminal defense attorneys apart:
- Over 50 trials successfully defended
- Over 3,000 cases won
- Recognition from Super Lawyers and The National Trial Lawyers “Top 100”
If you’re facing elder abuse charges, let us be your first call. We’ll get started on your case right away. Contact Ahmed & Sukaram to schedule a consultation with a San Jose elder abuse lawyer.
Overview of Elder Abuse in California
Elder abuse in California means causing someone aged 65 or older unnecessary or excessive physical pain, mental suffering, or putting their life or health at risk, either on purpose or through conduct so careless it becomes criminal. If you knew, or reasonably should have known, the person was elderly and your actions went beyond what was justifiable under the circumstances, you could be convicted.
Types of elder abuse range widely, from causing physical harm or denying medical care to isolation or verbal attacks. It can also include financial abuse, which might occur when someone steals from, lies to, or defrauds an elder.
What Are the Penalties for Elder Abuse in San Jose, California?
Getting convicted of elder abuse in San Jose comes with serious criminal and personal consequences. Here’s what you could face:
Misdemeanor Elder Abuse
These misdemeanor charges typically result in a sentence of up to one year in county jail and fines that can reach $6,000. You may also be ordered to pay restitution to the alleged victim. Many first-time offenders are granted summary probation instead of jail time.
Felony Elder Abuse
More severe conduct, especially if it caused significant injury, exposes you to two, three, or four years in state prison. If the victim dies at the hand of their abuser, up to seven additional years can be added to their sentence. Fines may reach $10,000; like misdemeanors, restitution may also be required. The court may consider formal probation depending on the circumstances.
Getting advice early on from a criminal defense attorney is the best thing you can do.
What Defenses Can Be Raised if I’m Arrested for Elder Abuse?
If you’re facing elder abuse charges in San Jose, you may be able to raise legal defenses that can help you fight against these charges. Here are some common ones that may be used:
No Willful Act or Criminal Negligence
It may be possible to show that whatever harm or distress occurred was accidental, not on purpose or due to reckless indifference. Providing proof you acted reasonably, sought medical help promptly, or followed generally accepted caregiving practices can challenge the prosecution’s case.
Self-Defense or Defense of Others
Caregiver situations sometimes require setting physical boundaries or defusing dangerous situations initiated by the elder themselves. If any action on your part was an effort to prevent injury to yourself, the vulnerable adult, or another person, and you responded with appropriate force, self-defense is a valid argument.
False Accusation or Questions of Credibility
Elder abuse cases may arise in families with bitter disputes, financial motives, or disagreements over care arrangements. Challenging the accuser’s reliability, identifying inconsistencies in their version of events, or showing a pattern of unfounded complaints may convince a judge or jury that something else is going on.
Building a quick defense is critical. Make sure you talk to a lawyer as soon as possible.
Facing criminal elder abuse allegations is one of the hardest experiences for any caregiver or family member. However, with the right legal support, you can fight back and make sure your side of the story is truly heard. The earlier you involve an experienced attorney, the more opportunity you give them to build your defense.
Call Ahmed & Sukaram to schedule a consultation with a San Jose elder abuse attorney.