California takes a strong stance against domestic violence, particularly when it involves vulnerable individuals. Penal Code 368(b) specifically addresses domestic violence against disabled persons, recognizing the unique challenges and heightened risks faced by this population.

What is PC 368(b)?

Under PC 368(b), a defendant can be found guilty of committing domestic violence against a disabled person if:

• They willfully caused or permitted
• A dependent adult or elder
• To suffer unjustifiable physical pain or mental suffering.

However, for a defendant's alleged actions to fall under this law, they had to have known, or reasonably should have known, that the alleged victim was disabled.

If a defendant is found guilty of violating PC 368(b) in California, the consequences can be severe. For instance, if it is charged as a felony, the penalties might include fines of up to $6,000, imprisonment for up to 4 years in state prison, or both fines and imprisonment. But, if the case involves great bodily injury, the court can impose harsher penalties, including three extra years of imprisonment if the victim is under 70 years old and five extra years if they are over 70 years old.

It is important to note that charges under PC 368(b) are not exclusive. Defendants can face additional charges related to their actions, with each carrying additional penalties.

Defending Against PC 368(b) with Sigal Law Group

Defending yourself against PC 368(b) charges requires a nuanced approach. Possible defense strategies include the following:

1. Demonstrating a lack of intent (i.e., the injuries were accidental rather than willful).
2. Arguing that the defendant acted to protect themselves or others from imminent harm.
3. Challenging the credibility of the allegations.

As criminal defense attorneys, the Sigal Law Group understands the complexities of these cases. Each situation is unique, and the circumstances surrounding the alleged offense must be carefully examined. Factors such as the nature of the disability, the relationship between the parties, and any history of caretaking or dependency can all play crucial roles in building a defense.

If you're facing charges under PC 368(b), contact the Sigal Law Group today for a free consultation.