As a former Deputy Public Defender in Riverside County, Mr. Donath has always been on the defense side of the law.
Top 100 Trial Attorneys in California 2012-2014, 2008 Trial Attorney of the Year by the Riverside County Public Defender's Office, and dozens of other awards and accolades.
Your lawyer should have a passion for defense, not just a passion for money. Reputation, vigor, and determination go a long way in this business.
As a former Deputy Public Defender in Riverside County, Mr. Donath has always been on the defense side of the law.
Top 100 Trial Attorneys in California 2012-2014, 2008 Trial Attorney of the Year by the Riverside County Public Defender's Office, and dozens of other awards and accolades.
Your lawyer should have a passion for defense, not just a passion for money. Reputation, vigor, and determination go a long way in this business.
Posted in General FAQ'S on February 28, 2017
According to the National Council on Aging (NCOA), as many as five million elders may suffer abuse in the United States every year. In most cases, family members are the abusers. Considering the statistics, families and caregivers often cast a suspicious eye on anything that seems out of the ordinary. A professional caregiver or family member could easily face false or greatly exaggerated abuse charges.
The state of California takes elder abuse seriously. It classifies the crime as a “wobbler” offense, meaning the district attorney can choose to charge the crime as a misdemeanor or a felony offense depending on the circumstances. California will consider the elder abuse statute, Penal Code Section 368, if a victim is 65 or older. Under the law, financial exploitation, physical abuse, and emotional abuse may all result in elder abuse charges. Neglect, sexual assault, intimidation, and stealing fall into recognized elder abuse categories.
In elder abuse cases, the prosecution must prove the following elements beyond a reasonable doubt:
In addition to these three elements, the prosecution must either prove:
To develop a strong defense strategy, defendants must understand the prosecution’s approach to the case. The defense only needs to introduce reasonable doubt of these elements to contest the prosecution’s case.
Depending on the circumstances of the case, an attorney may recommend one of the following defense strategies:
Elder abuse charges may involve evidence of bruising, and/or witness testimony regarding an elder’s personality and behavioral changes. Caretakers and family members, in particular, face accusation vulnerability under California’s current laws.
Testimony from medical and elder experts may help to disprove abuse. Many injuries and incidents can arise as a natural part of the aging process and not from intentional acts of abuse. An elder abuse attorney must consider each element of the case carefully to choose the right defense strategy and prevent innocent individuals from suffering under the stigma and penalties of a false conviction.