What Is Elder Abuse?

Elder abuse is a serious criminal offense that involves harming or endangering an older adult—typically someone aged 65 or older. This can include physical harm, emotional mistreatment, neglect, financial exploitation, or abandonment.

In California, elder abuse is addressed under Penal Code 368 and can be prosecuted as a misdemeanor or felony, depending on the circumstances.

Types of Elder Abuse

Elder abuse can take many forms, including:

• Physical Abuse: Hitting, restraining, or inflicting pain or injury
• Emotional Abuse: Verbal threats, isolation, or intimidation
• Neglect: Failing to provide food, medical care, or hygiene
• Financial Exploitation: Misusing or stealing an elder’s money or assets
• Abandonment: Leaving an elderly person without support or care

The abuse may occur in private homes, care facilities, or hospitals—and can be committed by family members, caregivers, or others in a position of trust.

Is Elder Abuse a Misdemeanor or a Felony?

The charges depend on the severity of the abuse:

• Misdemeanor Elder Abuse: Up to 1 year in county jail and fines up to $6,000
• Felony Elder Abuse: 2 to 4 years in state prison, or more if serious bodily harm occurs

Courts may also consider the defendant’s intent, criminal history, and whether the abuse was willful or due to neglect.

Can You Post Bail for Elder Abuse?

Yes. Most elder abuse charges allow for bail to be posted. Bail amounts are based on factors like:

• Whether the charge is filed as a felony or misdemeanor
• The level of harm caused to the victim
• The defendant’s prior criminal history

Bail can range from a few thousand dollars to tens of thousands, depending on the case.

How Can a Bail Bond Help?

If the court sets a high bail amount, a bail bond can make release more affordable. A licensed bail bondsman can post bail on the defendant’s behalf for a non-refundable fee—typically 10% of the total bail.

A bail bond:

• Allows for faster release
• Helps protect the defendant’s rights
• Gives more time to build a legal defense
• Offers support through a stressful legal process

Facing Elder Abuse Charges? Call Us Now

Being arrested for elder abuse is a serious matter that can have long-term consequences. If you or a loved one needs to post bail, our team is ready to help—day or night. We’ll guide you through the bail process with care, urgency, and professionalism.

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