Elder abuse is a deeply concerning issue across California, especially given the state’s growing elderly population. Every year, countless seniors are subjected to harm in environments that should be safe—nursing homes, assisted living facilities, or even their own homes. When abuse occurs, the law offers clear recourse, but families are often left wondering: Is elder abuse a misdemeanor or felony?
The answer depends on the nature and severity of the abuse. Under California Penal Code §368, elder abuse can be charged as either a misdemeanor or a felony. The legal consequences range widely based on the injuries inflicted, the intent of the abuser, and the circumstances surrounding the case.
At Moran Law, we have represented victims in both types of cases. For instance, in one tragic situation, a facility failed to supervise a dementia patient, who fell and sustained a fatal brain bleed. That case resulted in a $4.18 million settlement. Cases like these illustrate how certain actions—or failures to act—can elevate a charge to the felony level. In this article, we’ll break down how California law treats elder abuse, when it becomes a felony, and what victims and families need to know to protect their rights.
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Understanding Elder Abuse in California Law
California law defines elder abuse broadly to protect seniors from a wide range of harm. Whether it’s neglect in a nursing facility, verbal threats from a caregiver, or financial exploitation by someone in a position of trust, the law provides both civil and criminal remedies. Recognizing the legal definition of elder abuse is the first step toward ensuring justice.
What Constitutes Elder Abuse?
Elder abuse encompasses a broad range of wrongful conduct against anyone aged 65 or older. It may involve physical harm, emotional torment, financial exploitation, or failure to provide adequate care. Importantly, elder abuse doesn’t require malicious intent—neglect, recklessness, or willful disregard can also qualify under the law.
In legal terms, abuse includes the infliction of physical pain or mental suffering, financial crimes such as theft or fraud, and deprivation of basic necessities like food, water, and medical attention. These acts can occur in private homes, hospitals, or institutional settings like skilled nursing facilities or residential care facilities.
California’s legal framework is especially protective of elders due to their increased vulnerability. The law aims not only to punish wrongdoers but also to serve as a deterrent and safeguard for seniors throughout the state.
Recognized Types: Physical, Emotional, Financial, Neglect
- Physical abuse includes hitting, pushing, shaking, or improperly restraining an elderly person. It also covers the misuse of medications or leaving a person in hazardous conditions.
- Emotional abuse involves verbal assaults, threats, intimidation, humiliation, or isolation designed to cause psychological harm.
- Financial abuse is the unauthorized use or theft of an elder’s assets. This can involve forging signatures, coercing financial decisions, or draining bank accounts.
- Neglect—which is the most common form—refers to the failure to provide adequate supervision, hygiene, nutrition, or medical care.
Moran Law has handled numerous cases across these categories. For example, a $1.5 million settlement was secured for the family of a blind nursing home resident who was left unsupervised during mealtime and tragically choked to death. Another case involved diabetic mismanagement, where a facility failed to monitor insulin levels—resulting in a $1.4 million resolution.
These are not isolated instances. They are tragic, preventable examples of how negligence and abuse can devastate lives and result in serious legal consequences.
Charges Against Elder Abuse in California
Whether elder abuse is prosecuted as a misdemeanor or felony depends on several legal and factual factors. Prosecutors analyze the intent behind the action, the severity of harm, and whether the defendant owed a duty of care.
How Prosecutors Determine the Severity
California prosecutors assess elder abuse cases based on four primary factors:
- The intent behind the act—was it intentional, reckless, or negligent?
- The harm caused—was the victim injured, disabled, or killed?
- The relationship between the victim and abuser—was there a fiduciary or caregiving duty?
- The prior conduct of the defendant—were there past incidents or patterns?
For example, a single oversight—like forgetting a medication dose once—may not rise to felony status. But when a facility repeatedly ignores care plans or physician orders, the cumulative negligence may justify felony charges, especially if it results in death or serious injury.
California Penal Code Section 368 Explained
Under Penal Code §368, California criminalizes both active abuse and passive neglect of elders. The statute applies to caregivers, medical personnel, facility staff, and even family members. It outlines penalties for both misdemeanor and felony charges based on the conduct and consequences.
For instance, physical abuse that causes no major injury might be filed as a misdemeanor. However, in a Moran Law case where a facility left a resident in the bathroom unattended, resulting in a fatal brain bleed, the conduct clearly warranted felony classification. The $2.5 million settlement in that case was not just compensation—it reflected the gravity of the facility’s legal violation.
When Is Elder Abuse a Misdemeanor?
Misdemeanor elder abuse typically involves less severe conduct—emotional abuse, minor neglect, or isolated financial misuse—where the victim does not suffer serious physical harm.
Circumstances That Lead to Misdemeanor Charges
Elder abuse is typically charged as a misdemeanor when the harm is limited, the intent is not malicious, and the event is isolated. Examples include:
- Verbal abuse or intimidation without physical contact
- Minor neglect, such as a late medication dose that causes no harm
- First-time financial exploitation involving small sums
In these cases, the courts may impose lighter sentences, especially if the offender cooperates or completes mandated programs.
Legal Penalties and Examples of Misdemeanor Elder Abuse
California law allows for the following misdemeanor penalties:
- Up to 1 year in county jail
- Fines up to $6,000
- Probation, counseling, or community service requirements
Although less severe than felony charges, a misdemeanor conviction can still have lasting consequences—including professional license suspension or termination from caregiving roles.
Moran Law has worked with families where misdemeanor charges were upgraded after further investigation uncovered patterns of neglect. Early legal counsel is essential to ensure proper classification and accountability.
Is Elder Abuse a Felony
Yes, elder abuse is a felony in many cases—especially when the abuse results in serious bodily injury, death, or long-term harm. Felony charges are also more likely when the abuse is intentional or part of an ongoing pattern.
Conditions That Elevate Elder Abuse to a Felony
Elder abuse is elevated to felony status when:
- The victim suffers great bodily injury, permanent disability, or death
- The abuse is ongoing, intentional, or grossly negligent
- The conduct involves substantial financial loss or fraud
Felony elder abuse reflects the seriousness of the harm and society’s interest in protecting vulnerable populations. It also ensures stronger punishments for the perpetrators.
Examples of Felony Elder Abuse Cases
Moran Law has successfully handled some of California’s most egregious felony elder abuse cases:
- $4.18 million: A dementia patient left unsupervised near a parking lot fell while avoiding a car and died from a brain bleed.
- $2.3 million: A stroke patient was left on the toilet without assistance and fell, causing severe injury.
- $2 million: A nursing home failed to treat a C. Diff infection, resulting in sepsis and emergency surgery.
- $1.6 million: A fall occurred after a facility failed to use fall-prevention measures for a dementia patient.
- $1.5 million: A blind resident with known eating risks was left alone and choked to death.
- $1.4 million: Diabetic mismanagement led to critical complications due to unmonitored insulin levels.
These cases clearly reflect the felony threshold due to death, long-term disability, and disregard for basic medical obligations.
Felony Penalties Under California Law
Felony elder abuse charges may result in:
- 2 to 4 years in California state prison
- Additional sentencing if the victim suffered great bodily injury (up to 7 years total)
- Fines up to $10,000
- Restitution paid to victims or their families
- A strike on the offender’s record under California’s Three Strikes Law, in some cases
These serious consequences emphasize why early investigation and legal support are crucial.
Is Elder Abuse a Criminal Offense?
Yes. Elder abuse is a criminal offense that can lead to prosecution by the State of California. Criminal charges may be pursued alongside civil lawsuits for damages.
Civil vs. Criminal Legal Actions
Yes, elder abuse is both a civil and criminal matter. In a criminal case, the state pursues charges to penalize the wrongdoer. In a civil case, victims and families sue for compensation.
For example, in the $1.93 million hospital wound infection case handled by Moran Law, the patient died from an untreated surgical wound. The criminal aspects involved the hospital’s systemic negligence, while the civil claim recovered damages for the family.
Can You Pursue Both at the Same Time?
Yes. Families can pursue criminal charges and a civil lawsuit simultaneously. Moran Law often coordinates with law enforcement during criminal investigations while filing civil actions to recover compensation.
This dual path ensures justice from all angles—punishment for the abuser and financial recovery for the family.
What to Do If You Suspect Elder Abuse
Time is critical in elder abuse cases. The sooner you act, the better the chance of protecting the victim and holding wrongdoers accountable.
Steps to Report Abuse
If you suspect elder abuse, take these immediate actions:
- Call Adult Protective Services (APS) to file a report
- Contact local police if there is immediate danger
- Collect evidence: photographs, medical records, statements
- Seek emergency medical attention for the victim if needed
Quick reporting can prevent further harm—and may save a life.
Why Legal Counsel Is Essential
Reporting is just the start. Legal action requires proof, strategy, and expertise. Moran Law’s team of experienced elder abuse attorneys, nurse consultants, and investigators builds strong cases backed by real medical and legal evidence.
Our firm ensures that victims are not only heard—but that those responsible are held fully accountable.
How Moran Law Handles Elder Abuse Misdemeanor and Felony Cases
Moran Law has handled some of the most severe elder abuse cases in California. Our firm is trusted statewide for its expertise, results, and compassion.
Proven Results in Complex Abuse Cases
Moran Law is recognized across California for landmark victories in elder abuse litigation. Our team brings together trial attorneys, medical experts, and paralegals to aggressively pursue justice.
We’ve recovered millions for clients in cases involving:
- Falls, brain injuries, and choking deaths
- Medication errors and delayed diagnoses
- Untreated pressure sores and infections
Our unique advantage includes an in-house nurse consultant who reviews every case to uncover key facts often missed by investigators or regulators.
Contact Us for a Free Consultation
If your loved one has suffered due to neglect, abuse, or mistreatment in a nursing home or care facility, don’t wait. Whether the case involves a misdemeanor or a felony, Moran Law will stand with you.
Call us today at (714) 549-0333 for a free consultation and medical chart review. We are proud to be your trusted advocates in the fight against elder abuse.
