Battery on a Person 65 Years of Age or Older
Although a battery charge is normally a misdemeanor, if the alleged victim was 65 years old or older then the crime can be charged as a third degree felony under Florida Statute Section 784.08(2)(c). The most common defense in these cases is self-defense.
It is not a defense to the charge that you didn’t know the alleged victim was 65 years of age or older. In other words, to prove that you committed the offense, the prosecutor doesn’t necessarily need to prove that you actually knew the victim was 65 years of age or older.
Even if two elderly people get into a shoving match, one or both of them can be charged with the crime. For this reason, many of these charges lead to an unjust result or extremely harsh potential penalty for a relatively minor incident. An attorney can help you fight the charge aggressively.
Attorney for Battery on a Person 65 Years of Age or Older in Tampa, FL
The attorneys at Sammis Law Firm, in Tampa, FL, fight charges for battery or aggravated battery on a person 65 years of age or older under Florida Statute Section 784.08(2)(c), a third-degree felony. Related charges can include abuse of the elderly or disabled, assault, or aggravated assault on a person over the age of 65 years old.
After an arrest, the prosecutor typically takes 21 days to make a filing decision. Your attorney can contact the prosecutor during that time period in any felony case to show them all of the reasons why no charges should be filed or why only greatly reduced charges should be filed.
Contact us to find out more about the charges pending against you, the potential punishments, and the best ways to fight the charges aggressively. Call (813) 250-0500 to discuss your case today.
Elements of Florida Statute Section 784.08(2)(c)
The crime of battery on an elderly person who is 65 years old or older is prohibited by Florida Statute Section 784.08(2)(c). The elements of the offense require proof beyond all reasonable doubt of the following elements:
- the defendant intentionally touched or struck the victim against his or her will; or
- the defendant intentionally caused bodily harm to the victim; and the victim was 65 years of age or older.
The crime of aggravated battery requires proof of an additional element: in committing the battery, the defendant intentionally or knowingly caused great bodily harm to the victim; permanent disability to the victim; or permanent disfigurement to the victim; or used a deadly weapon.
Penalties for Battery on an Elderly Person
The crime of battery on a person 65 years of age or older is a third-degree felony, punishable by up to 5 years in Florida State Prison. The penalties for aggravated battery on a person 65 years old or older is punishable by up to 15 years in Florida State Prison and a $10,000 fine.
For any charge of battery or assault on a person the age of 65 years old, the court is not permitted to withhold adjudication or suspend the sentence. A conviction is a serious felony offense.
If you were accused of the serious criminal offense of Battery on a Person 65 Years of Age or Older, then contact an experienced criminal defense attorney at Sammis Law Firm to discuss your case. Call (813) 250-0500 today.
This article was last updated on Monday, April 6, 2018.