California, United States of America
The following excerpt is from People v. Priddy, E074108 (Cal. App. 2020):
"Misdemeanor elder abuse is a lesser included offense of felony elder abuse." (People v. Racy (2007) 148 Cal.App.4th 1327, 1335 (Racy).) "[T]he difference between felony elder abuse and misdemeanor elder abuse is whether the abuse is perpetrated 'under circumstances or conditions likely to produce great bodily harm or death.'" (Id. at p. 1334; 368, subd. (b)(1).) "If it is, the crime is a potential felony. ( 368, subd. (b)(1).) If it is not, the crime is a misdemeanor. ( 368, subd. (c).)" (Racy, supra, at pp. 1334-1335.) We therefore analyze whether a reasonable jury could have concluded that Priddy did commit elder abuse but not under circumstances and conditions that were likely to produce great bodily harm or death.
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