Assault or Battery on Persons 65 of Age or Older

Assault or Battery on Persons 65 Years of Age or Older is charged whenever the alleged victim of the crime of Assault or the crime of Battery is the age of 65 or older. This charge includes the crimes of Aggravated Assault or Aggravated Battery on Persons 65 Years of Age or Older.

Definition of Assault or Battery on Persons 65 Years of Age or Older in Florida

The Crime Of Assault or Battery on Persons 65 Years of Age or Older, as defined by § 784.08, Florida Statutes, involves the criminal act defined as Assault or Battery with the sole additional condition that the age of the victim is equal to or greater than 65 years whether or not the age of the victim is known by the offender. Florida Statutes, § 784.08, also covers the criminal offenses defined as Aggravated Assault or Aggravated Battery on Persons 65 Years of Age or Older.

Assault on Persons 65 years of Age or Older: The State’s attorney must prove beyond a reasonable doubt the following four elements of the crime occurred:

(1) The defendant intentionally and unlawfully threatened, by word or act, to do violence to another person.

This means the State of Florida must prove that the defendant intended to threaten the alleged victim, not that they intended to harm the victim. While nobody can read minds, intent can be inferred by evidence surrounding the crime.

(2) The defendant had the apparent ability to carry out the threat of harm at the time the threat was made.

This means the State of Florida must prove that whatever act was threatened appeared to be able to be carried out, instantly. One example where the State might not be able to do this might be where someone threatens an act, but never gets within reasonable distance or remains separated by something which would make it near impossible.

(3) The defendant’s words or actions created a well-founded fear in the other person of an imminent act of violence.

This means the State of Florida must prove not only that the victim was in fear that an act of violence was about to take place, but that the fear was well-founded.

(4) The victim of the assault was at the time 65 years of age or older.

Aggravated Assault on Persons 65 years of Age or Older: In addition to the four (4) elements of Assault above, the State’s attorney must prove beyond a reasonable doubt the following fifth element of the crime occurred:

(5) Either (a) the assault was made with a deadly weapon, or (b) the assault was made with a fully-formed conscious intent to commit a felony on the victim.

Battery on Persons 65 years of Age or Older: The State’s attorney must prove beyond a reasonable doubt the following three (3) elements of the crime occurred:

(1) The defendant actually and intentionally touched or struck the other person against his/her will.

This means the State of Florida must prove that the defendant intended to touch or strike the victim or was engaging in a behavior where a strike or touch was highly likely to occur.

(2) The defendant intentionally caused bodily harm to another person.

This means the State of Florida must prove that the defendant intended to cause bodily harm to the alleged victim. While nobody can read minds, intent can be inferred by evidence surrounding the crime.

(3) The victim of the battery was at the time 65 years of age or older.

Aggravated Battery on Persons 65 years of Age or Older: In addition to the three (3) elements of Battery above, the State’s attorney must prove beyond a reasonable doubt the following fourth element of the crime occurred:

(4) Either (a) the defendant caused great bodily harm or permanent disability to the victim or (b) used a dealy weapon in committing the Battery.

Penalties for Assault or Battery on Persons 65 Years of Age or Older in Florida

A guilty charge for any crime of Assault or Battery on Persons 65 or older increases the severity of the crime by one degree and is subject to enhanced sentencing in addition to any fine or sentence.

For the crime of Aggravated Battery, the severity of the crime increases from a second degree felony of the to a first degree felony punishable by a term of imprisonment not exceeding 30 years; and includes a mandatory enhanced sentencing of a minimum of three (3) years in prison, up to $10,000 in fines, restitution to the victim as ordered by the judge; and up to 500 hours of community service.

For the crime of Aggravated Assault, the severity of the crime increases from a third degree felony to a second degree felony, punishable by a term of imprisonment not exceeding 15 years; and includes a mandatory enhanced sentencing of a minimum of three (3) years in prison, up to $10,000 in fines, restitution to the victim ordered by the judge; and up to 500 hours of community service.

For the crime of Battery, the severity of the crime increases from a first degree misdemeanor to a third degree felony, punishable by a term of imprisonment not exceeding five (5) years and a fine of up to $5000.

For the crime of Assault, the severity of the crime increases from a second degree misdemeanor to a first degree misdemeanor, punishable by a term of imprisonment not exceeding one year and a fine of up to $1000.

Aggravated assault or aggravated battery upon a person 65 years of age or older requires a minimum term of imprisonment of 3 years; fined not more than $10,000; restitution to the victim of such offense as ordered by the judge; and up to 500 hours of community service work.

Defenses to Assault or Battery on Persons 65 Years of Age or Older in Florida

Either assault or battery is a violent crime and a serious criminal offense. Under Florida law, the defense for an assault depends on the specific circumstances, and may include:

  • Self Defense or Defense of Other(s) from an immediate attack
  • Both parties involved in the altercation are 65 years of age or older
  • Stand Your Ground
  • False accusation / misidentification
  • Circumstances would have prevented carrying out the alleged assault, for example too great a distance or barriers
  • The defendant’s actions were purely accidental with no intention to cause bodily harm
Examples of Assault or Battery on Persons 65 Years of Age or Older in Florida
  • Swinging a fist in anger while verbally threatening a person who is 65 years of age or older (Assault)
  • Deliberately moving menacingly toward a person who is 65 years of age or older (Assault)
  • Intentionally striking, or slapping, or kicking a person who is 65 years of age or older (Battery)
  • Intentionally grabbing a purse or cell phone held by a person who is 65 years of age or older (Battery)
  • Threatening to strike a person who is 65 years of age or older with a weapon or (Aggravated Assault)
  • Shooting or otherwise seriously wounding a person who is 65 years of age or older (Aggravated Battery)
Contact Us

If you have been charged with the crime of Assault of Battery on Persons 65 Years of Age or Older in Broward, Palm Beach, or Miami-Dade County, you need to speak with a criminal defense attorney right away to ensure your rights are protected. The Law Office of Sean Clayton, P.A., can help you better understand your situation and your options. Contact us today for your free consultation.