PC 368: Elder and Dependent Adult Abuse in California

California PC 368 arrest — elder or dependent adult abuse — is one of the most emotionally charged charges anyone in a family can face. The allegations often involve people who love and care for each other, situations that got out of control, or misunderstandings that escalated. Whether it's a first-time misunderstanding or a serious case, the consequences under California law can be significant.

This guide walks through what PC 368 actually covers, how the different subsections work, how bail is set in Nevada County, what long-term consequences look like, and what to do first if a loved one is arrested.

For the broader context on how bail works generally, see our guide How Does Bail Work in California? For related situations involving family members, see our complete guide to domestic violence charges.

If you need to talk to someone right now, we're at (530) 265-0535, 24 hours a day.

What PC 368 Actually Covers

California Penal Code 368 protects two specific groups from abuse, neglect, and financial exploitation:

• Adults 65 years of age or older (elders)
• Dependent adults between 18 and 64 — people who have physical or mental limitations that restrict their ability to care for themselves or protect themselves

The law covers a broad range of conduct against these protected populations:

Physical abuse. Inflicting pain or injury, improper restraint, causing bodily harm.

Neglect. Failing to provide food, water, medical care, hygiene assistance, or safe living conditions to someone under your care.

Emotional or psychological abuse. Verbal threats, harassment, intimidation, forced isolation.

Financial abuse. Stealing money, forging signatures, misusing a power of attorney, executing fraudulent transactions.

Endangerment. Willfully placing an elder or dependent adult in a situation where their health or safety is at risk.

The statute applies to a wide range of relationships — family caregivers, professional caregivers, medical staff, financial advisors, home health aides, and family members. Anyone in a position of trust or care can be charged.

The Key PC 368 Subsections

PC 368 has multiple subsections, and the specific one your loved one is charged under matters enormously for bail, sentencing, and long-term consequences.

PC 368(b)(1) — Willful abuse causing pain, mental suffering, or endangerment. This is the main physical abuse and endangerment subsection. It's a wobbler — chargeable as either a misdemeanor or felony depending on the severity of harm and the defendant's history.

PC 368(b)(2) — Enhanced bail and sentencing for great bodily injury. When the abuse causes great bodily injury to a victim under 70 or to a dependent adult, sentencing enhancements apply. Under the Nevada County bail schedule, this enhancement adds around $35,000 on top of the base bail.

PC 368(b)(3) — Enhanced bail and sentencing for death. When abuse results in death, additional enhancements apply — also around $35,000 in bail enhancement per the county schedule, on top of the underlying charges.

PC 368(c) — Misdemeanor abuse or neglect. For less severe cases involving assault, battery, or neglect that don't rise to felony level. Bail under the Nevada County schedule is around $5,000. Carries up to one year in county jail.

PC 368(d) — Financial abuse. Theft, embezzlement, forgery, or fraud committed against an elder or dependent adult by a caregiver. Bail under the Nevada County schedule is also around $5,000 for the base charge, with additional enhancements based on the value of what was taken.

PC 368(e) and (f) — Additional protections. Cover additional theft, embezzlement, and related conduct.

How Bail Works for PC 368 Charges

The 2026 Nevada County Bail Schedule sets presumptive base amounts for PC 368 charges. Actual bail can vary based on the facts, judge's assessment, and enhancements. These are starting points, not guarantees.

Base bail amounts under the current Nevada County schedule:

• PC 368(c) misdemeanor (assault or neglect): around $5,000
• PC 368(d) misdemeanor (theft or fraud): around $5,000
• PC 368(b)(1) felony (physical abuse): varies based on severity — can range from around $10,000 to $50,000+ depending on the specifics

Enhancements that can stack on top:

• PC 368(b)(2) — Great bodily injury: adds around $35,000
• PC 368(b)(3) — Death: adds around $35,000
• One prior serious or violent felony conviction (strike): adds around $25,000
• Two or more strike priors: adds around $150,000
• Personally inflicting great bodily injury (PC 12022.7): adds around $50,000
• Crimes against persons 60+ (PC 1203.09): adds around $50,000

Example stacks to give a realistic picture:

• PC 368(c) misdemeanor (base): somewhere around $5,000
• PC 368(b)(1) felony with GBI enhancement: somewhere in the range of $40,000–$85,000
• Felony PC 368 with GBI + one strike prior: could reach $100,000+

For attorney-set bail (which can apply in serious cases), amounts can be higher than the schedule suggests.

At 10% bail bond premium: a $10,000 bail means a $1,000 premium. A $50,000 bail means $5,000. A $100,000 bail means $10,000.

Why PC 368 Charges Are Treated Especially Seriously

California prosecutes elder and dependent adult abuse aggressively, for several reasons:

Vulnerability of the victim. The law recognizes that elders and dependent adults often can't protect themselves, can't remove themselves from harmful situations, and may struggle to report or testify about abuse.

Public policy. California has actively strengthened elder protection laws over the past two decades. Prosecutors are trained to pursue these cases.

Mandatory reporting laws. California has extensive mandatory reporter requirements. Doctors, nurses, care workers, law enforcement, clergy, financial professionals, and social workers are all legally required to report suspected elder abuse to Adult Protective Services (APS) or law enforcement. This means cases often reach police through professional channels — not just family complaints.

Adult Protective Services (APS). APS is the elder-equivalent of Child Protective Services. When an APS investigation is opened, it runs in parallel with any criminal investigation. APS has broad authority to enter homes, interview family members, and coordinate with law enforcement. Even if the criminal case doesn't result in charges, an APS finding can affect conservatorship, caregiving arrangements, and family court matters.

Long-Term Consequences of a PC 368 Conviction

Beyond jail or prison time, a PC 368 conviction — even at the misdemeanor level — can trigger consequences that follow someone for years.

Professional licenses. This is often the biggest impact for caregivers. Nurses, home health aides, medical assistants, social workers, financial professionals, and anyone with a caregiving-related license faces automatic license review or revocation on a PC 368 conviction. For many defendants, this effectively ends a career.

Criminal record. Even misdemeanor PC 368 convictions create a permanent record. Some can be expunged under PC 1203.4 after probation is completed, but expungement doesn't remove the conviction from certain professional and background check databases.

Firearm restrictions. Felony PC 368 convictions trigger the federal felon-in-possession prohibition. Some misdemeanor variants also trigger firearm restrictions.

Immigration consequences. For non-citizens, PC 368 convictions — especially felony versions involving physical harm — can qualify as "crimes involving moral turpitude" or "aggravated felonies" under federal immigration law, potentially triggering deportation.

Family and civil impacts. PC 368 arrests often trigger:

• APS involvement in family caregiving arrangements
• Conservatorship modifications
• Impact on power of attorney arrangements
• Restraining orders limiting contact with the alleged victim
• Family court proceedings if the alleged victim is a parent under someone's care

Housing and employment. Beyond professional licenses, background checks for many jobs and rental applications will flag PC 368 convictions, especially for anything involving caregiving, working with vulnerable populations, or handling money.

Related Family Charges

PC 368 doesn't exist in isolation. Depending on the circumstances, other charges may be filed alongside or instead of PC 368:

• PC 273.5 or PC 243(e)(1) — If the alleged victim is a spouse, cohabitant, or intimate partner (in addition to being elderly). See our complete guide to domestic violence charges.
• PC 273a — If a child was also endangered. See our post on California Penal Code 273a: Child Endangerment.
• PC 243(d) — Battery causing serious bodily injury, which may be charged alongside PC 368 in cases involving physical harm.
• PC 664/187 — Attempted murder, in extreme cases.
• PC 470, PC 484, PC 487 — Forgery, theft, or grand theft, when financial abuse is involved.

Multiple charges typically don't stack bail cumulatively — the Nevada County bail schedule limits total bail to double the highest single offense when charges arise from the same incident.

What to Do First If a Loved One Is Arrested Under PC 368

Call us. (530) 265-0535, day or night. We'll verify the booking at the Nevada County Jail (Wayne Brown Correctional Facility), find out the specific PC 368 subsection charged, and start the bond process.

Hire a criminal defense attorney with elder abuse experience. PC 368 cases have specific procedural rules and often involve parallel APS investigations. Not every general criminal defense attorney handles these well — ask us for referrals if you don't have one.

Understand APS may already be involved. By the time the criminal case is filed, there's often a parallel APS investigation underway. An attorney can help you understand how these two processes interact and how to communicate carefully.

Consider protective orders and no-contact conditions. Bail conditions often prohibit contact between the accused and the alleged victim. If the accused is the primary caregiver, this may require immediate arrangements for who takes over care.

Address professional licensing exposure early. If the accused holds a caregiving-related license, notify your defense attorney immediately. Some licensing boards require self-reporting within specific timelines from arrest, not from conviction.

Document what happened. Photos, medical records, communication history, financial records (for financial abuse cases). Elder abuse cases often turn on details that can be hard to reconstruct later.

Be cautious about statements. Anything the accused says to law enforcement, APS investigators, medical staff, or family members can be used at trial. Say nothing substantive without an attorney.

FAQ

Is PC 368 always charged as a felony?
No. Under PC 368(b)(1), it's a "wobbler" — chargeable as misdemeanor or felony. PC 368(c) is misdemeanor-only. PC 368(b)(2) and (b)(3) are sentencing enhancements that apply to felony versions.

What's the difference between PC 368 and DV charges like PC 273.5?
PC 273.5 covers intimate partner violence (spouses, dating partners, etc.). PC 368 covers abuse of elders and dependent adults regardless of relationship. If a spouse abuses their elderly partner, both statutes might apply simultaneously.

Can PC 368 be reduced from felony to misdemeanor?
Yes, when charged as a wobbler under PC 368(b)(1). A defense attorney can seek reduction at charging, at preliminary hearing, through plea negotiation, or after conviction under PC 17(b). Once probation is completed, expungement under PC 1203.4 may also be possible.

What happens if APS is investigating at the same time as the criminal case?
The two processes run in parallel. APS has civil authority to make findings about safety and caregiving arrangements even without a criminal conviction. Your attorney can help you understand how to interact with APS investigators without compromising the criminal defense.

Will a PC 368 conviction affect a nursing license or other professional license?
Very likely, yes. Almost every licensing board with caregiving-related jurisdiction requires reporting of arrests or convictions and reviews the license accordingly. For nurses and other healthcare workers, PC 368 is one of the most damaging convictions professionally.

Can family members visit the alleged victim during the case?
It depends on the protective order that's typically issued. If a no-contact order is in place, only specifically authorized people can visit. Violating a no-contact order creates new criminal exposure under PC 166.

How We Help

Bail House Bail Bonds has been serving Nevada County for over 50 years. Elder abuse cases are among the more emotionally complex situations we handle, and we approach them with the discretion and understanding they require.

When you call us about a PC 368 arrest:

• A real person answers, 24 hours a day. No phone trees, no answering services.
• We can confirm the exact charges and bail amount quickly. PC 368 subsections matter — we'll help you understand what's actually being charged.
• We explain everything in plain language. No jargon.
• We handle everything by phone so you can focus on the family.
• We can refer you to defense attorneys experienced with PC 368 cases if you don't have one.
• We understand the discretion these cases require. Elder abuse allegations affect families, professional careers, and reputations. We handle every case with the privacy it deserves.
• No judgment. We've helped families through every kind of allegation. We're not here to weigh in on what happened — just to help.

If you're in the middle of this right now, the only thing you need to do is call (530) 265-0535. We'll take it from there.