California Penal Code Section 368(b)(1)

Written by Adam Peck Category: Elder Abuse July 10th, 2013 2 min read

California Penal Code Section 368 (b) (1):

Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years.

When a guilty plea is entered against a defendant for Elder / Dependent Adult Abuse that conviction may be used against the defendant in a subsequent civil matter and is collateral estoppel on that issue.

There are many criminal actions that are considered Wobblers in the State of California, meaning they could have been filed as a felony or a misdemeanor.

A wobbler misdemeanor guilty plea may be admissible in a civil action.

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.