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Battery on a Person Over 65 Years Old

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 absurd or unjust result by allowing for an extremely harsh potential penalty for a relatively minor incident.

An attorney can help you fight the charge aggressively.

Attorney for Battery on an Elderly Person 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. For this reason, you should hire an attorney quickly after finding out about the allegation.

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.


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. For aggravated battery, the prosecutor must prove beyond a reasonable doubt that when committing the battery, the defendant intentionally or knowingly did one of the following:

  • caused great bodily harm to the victim;
  • caused permanent disability to the victim;
  • caused permanent disfigurement to the victim; or
  • used a deadly weapon.

Additional Resources

Florida Statute Section 784.08 – Visit the website of the Florida Senate to find 2020 Florida Statutes contained in Title XLVI, Chapter 784, and SECTION 08 concerning Assault or battery on persons 65 years of age or older. The statute explains the elements of the offense, the reclassification of offenses; the maximum statutory penalty, and the minimum sentence.


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.

Our lawyers represent clients in the courtrooms throughout the greater Tampa Bay area for “Battery on a Person 65 or Older” in Sarasota in Sarasota County, in Bradenton in Manatee County, in Clearwater in Pinellas County, in New Port Richey or Dade City in Pasco County, in Brooksville in Hernando County, and in Bartow in Polk County, FL.

Call 813-250-0500 today.


This article was last updated on Friday, May 21, 2021.

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