Nursing Home Abuse and Felony Elder Abuse Charges in California

Nursing home abuse refers to the mistreatment, neglect, or exploitation of elderly residents in long-term care facilities. Nursing home abuse can take many forms, including physical abuse, emotional or psychological abuse, neglect, financial exploitation, and abandonment.

In California, whether abusive conduct rises to the level of a felony depends on the facts of the case and the applicable law. The state has enacted strong protections under the California Penal Code, Section 368, which specifically criminalizes abuse, neglect, or exploitation of elderly and dependent adults.

Under Penal Code §368, it is a crime to:

• Inflict physical pain or mental suffering on an elder or dependent adult.
• Neglect or fail to provide proper care when responsible for the individual’s well-being.
• Exploit or defraud an elder financially.
• Place an elder in a situation that endangers their health or safety.

These offenses can be charged as either misdemeanors or felonies depending on the severity—making them what California law calls “wobbler” crimes. A dedicated  California nursing home abuse lawyer can help you determine if an offense meets the felony threshold.

When Nursing Home Abuse Becomes a Felony in California

Several circumstances can escalate elder abuse into a felony charge:

• Severe Physical Abuse
  Acts that cause serious bodily injury—such as broken bones, head trauma, or internal injuries—are more likely to be prosecuted as felonies. Examples include assault, violent restraint, or repeated physical mistreatment.
• Financial Exploitation of Significant Value
  Theft, forgery, identity fraud, or coercion involving large sums of money or valuable assets may rise to the level of a felony. Even smaller thefts can be charged as felonies if aggravating factors are present, such as a pattern of exploitation.
• Endangerment
  Knowingly placing an elderly resident in a situation where they face great bodily harm or death can be charged as felony elder abuse. This may include failing to provide medical care, withholding food or medication, or leaving residents in unsafe living conditions.
• Prior Criminal History or Aggravating Factors
  If the abuser has a prior record, or if the abuse involves extreme cruelty, multiple victims, or a position of trust (such as a licensed caregiver), prosecutors are more likely to pursue felony charges.

Penalties for Felony Elder Abuse in California

The consequences of a felony conviction under Penal Code §368 are severe. Depending on the case, penalties may include:

• 2-4 years in California state prison (longer if great bodily injury or death occurs).
• Fines up to $10,000.
• Restitution to the victim for financial losses or medical expenses.
• Enhanced penalties if the abuse results in death or if the victim is particularly vulnerable.

If elder abuse causes great bodily injury or death, sentencing enhancements under California law (sometimes referred to as “strike” enhancements) can add several years to the prison term.

Civil Liability in Addition to Criminal Charges

Beyond criminal prosecution, victims and their families can bring civil lawsuits against nursing homes, caregivers, or corporate owners. Civil actions can seek compensation for:

• Medical costs
• Pain and suffering
• Emotional distress
• Wrongful death damages

These lawsuits not only provide financial recovery but also hold facilities accountable for systemic neglect or abusive practices.

Reporting and Enforcement

Nursing home abuse is often reported by family members, concerned staff, or fellow residents. Investigations may involve Adult Protective Services (APS), law enforcement, and the California Department of Public Health. If sufficient evidence is found, the case can be prosecuted by a District Attorney’s Elder Abuse Unit.

In California, nursing home abuse is taken seriously and can absolutely be charged as a felony—especially when it involves serious injury, financial exploitation, or reckless endangerment of an elder’s life. Families should act quickly to report suspected abuse and may pursue both criminal charges and civil remedies to protect their loved ones.

If you suspect a loved one has been the victim of elder abuse in Los Angeles, a dedicated Los Angeles elder abuse attorney can help you navigate the legal system and determine whether or not you have grounds for a lawsuit.

Mike

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