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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 affirmative 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.

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.


Penalties for Battery on an Elderly Person in Florida

Pursuant to Florida Statute Section 784.08, the penalties for assault or battery are reclassified when the victim is 65 years of age or older. In fact, Section 784.08(2) provides:

  • In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree;
  • In the case of battery, from a misdemeanor of the first degree to a felony of the third degree;
  • In the case of aggravated assault, from a felony of the third degree to a felony of the second degree; or
  • In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.

Under Section 784.08(1), if a person is convicted of an aggravated assault or aggravated battery upon a person 65 years of age or older, then the court must impose a minimum term of imprisonment of 3 years and a fine of not more than $10,000. The court must also order restitution to the victim and may require up to 500 hours of community service work.

Under Section 784.08, the court is not allowed to withhold adjudication, or defer or suspend sentencing.


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.

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.


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.


This article was last updated on Friday, October 1, 2021.

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