Assault or Battery on a Person 65 Years of Age or Older


SHORSTEIN, LASNETSKI, & GIHON
helps people defend against Assault on a Person 65 Years of Age or Older allegations.

Assault or battery on a person 65 years of age or older are two distinct and separate crimes that are enhanced offenses from assault and battery.  There are 4 enhanced forms of assault and battery when the victim is 65 years of age or older:
  • Assault on a Person 65 Years of Age or Older
  • Battery on a Person 65 Years of Age or Older
  • Aggravated Assault on a Person 65 Years of Age or Older
  • Aggravated Battery on a Person 65 Years of Age or Older

What is Assault on a Person 65 Years of Age or Older?

Assault on a Person 65 Years of Age or Older is defined in Florida Statute Section 784.08(2)(d).  In order to prove that you committed a Assault on a Person 65 Years of Age or Older, the State must prove:
  • You intentionally and unlawfully threatened, either by word or act, to do violence to the victim, and
  • at the time, you appeared to have the ability to carry out the threat, and
  • the act created in the mind of the victim a well-founded fear that the violence was about to take place, and  
  • the victim was 65 years of age or older.

What is Battery on a Person 65 Years of Age or Older?

Battery on a Person 65 Years of Age or Older is defined in Florida Statute Section 784.08(2)(c).  In order to prove that you committed a Battery on a Person 65 Years of Age or Older, the State must prove:
  • You intentionally touched or struck the victim against his or her will, or
  • you intentionally caused bodily harm to the victim, and
  • the victim was 65 years of age or older.

What is Aggravated Assault on a Person 65 Years of Age or Older?

Aggravated Assault on a Person 65 Years of Age or Older is defined in Florida Statute Section 784.08(2)(b).  In order to prove that you committed a Aggravated Assault on a Person 65 Years of Age or Older, the State must prove:
  • You intentionally and unlawfully threatened, either by word or act, to do violence to the victim, and
  • at the time, you appeared to have the ability to carry out the threat, and
  • the act created in the mind of the victim a well-founded fear that the violence was about to take place, and  
  • you used a deadly weapon, or
  • the assault was made with a fully-formed, conscious intent to commit a felony upon the victim, and
  • the victim was 65 year of age or older.

What is Aggravated Battery on a Person 65 Years of Age or Older?

Aggravated Battery on a Person 65 Years of Age or Older is defined in Florida Statute Section 784.08(2)(a).  In order to prove that you committed an Aggravated Battery on a Person 65 Years of Age or Older, the State must prove:
  • You intentionally touched or struck the victim against his or her will, or
  • you intentionally caused bodily harm to the victim, and
  • in committing the battery, you
    • 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, and
  • the victim was 65 years of age or older.

What if I didn't know the victim was 65 years of age or older?

The State doesn't have to prove that you knew the victim was 65 years of age or older.  So it would not be a defense to this enhanced form of assault or battery if you did not know the victim's age. 


What is a "deadly weapon?"

A "deadly weapon" is a weapon that is used or threatened to be used in a way likely to produce death or great bodily harm.  So, if you stabbed a person in the eye with a pencil, it would be a deadly weapon.  If you lightly hit the eraser edge against their forearm, it would not be a deadly weapon.

What are the potential consequences of Assault or Battery on a Person 65 Years of Age or Older?

Assault on a Person 65 Years of Age or Older
Up to 1 year in jail

Battery on a Person 65 Years of Age or Older
Up to 5 years in prison

Aggravated Assault on a Person 65 Years of Age or Older
3 year minimum mandatory prison sentence up to 15 years in prison
Up to $10,000 fine
500 community service hours
Restitution to victim

Aggravated Battery on a Person 65 Years of Age or Older
3 year minimum mandatory prison sentence up to 30 years in prison
Up to $10,000 fine
500 community service hours
Restitution to victim

* A judge cannot withhold adjudication or suspend the sentence on any of the four offenses listed above.  This means that a conviction for any assault or battery on a person 65 years of age or older would make you a convicted felon and you would not be eligible to get your record sealed or expunged. 

Will I definitely get the minimum mandatory sentence for an Aggravated Assault or Aggravated Battery on a  Person 65 Years of Age or Older if I'm found guilty?

If you are convicted at trial or if you plead straight up to a judge to Aggravated Assault on a Person 65 Years of Age or Older, the judge must sentence you to the minimum mandatory sentence, at a minimum.  The judge cannot go below that minimum mandatory sentence.  The prosecutor is the only person that can go below the minimum mandatory.  Your attorney may be able to negotiate a sentence below the minimum mandatory with the prosecutor. 

What are the possible defenses to Assault or Battery on a Person 65 Years of Age or Older?

There are many different defenses to these charges.  The common defenses are the same for any assault or battery charge.  The most common defenses are self defense, lack of intent, or that the assault or battery never took place.  There may be a lack of corroborating evidence (lack of independent witnesses, lack of injuries, etc).  There will also be fact specific defenses unique to your case.  Give us a call to discuss the possible defenses to your case.

If you or a loved one has been arrested for or accused of
Assault on a Person 65 Years of Age or Older,
Battery
on a Person 65 Years of Age or Older,
Aggravated Assault
on a Person 65 Years of Age or Older, or
Aggravated Battery on a
Person 65 Years of Age or Older,

Call Shorstein, Lasnetski & Gihon Now!

904-642-3332 (Jacksonville)
or
407-228-2019
(Orlando). 

Contact Us 24/7 Se habla Español