Assault or Battery on a Person Over 65 Years of Age - Florida Statute 784.08

Are you being charged, in Palm Beach County, Florida, with Assault or Battery on a person over 65 years of age? We are Assault or Battery on a person over 65 years of age attorneys located in West Palm Beach. When you are arrested for Assault or Battery on a person over 65 years of age you want a lawyer that understands and practices in this area of law. Don’t hire a lawyer that dabbles in criminal defense, hire a criminal defense attorney serving West Palm Beach that has extensive experience in Assault or Battery on a person over 65 years of age cases. Your attorney needs to have knowledge and experience but also needs to know the players. Knowing the players comes from years of being inside the courtroom. Finding the best criminal defense attorney in Palm Beach County, for your case, is difficult. You need to review their educational background, experience in criminal cases, their reputation in the community, and their ability to communicate with you, the client. The quality of the criminal defense attorney you hire to defend your Assault or Battery on a person over 65 years of age case is extremely important. . We ask that you consider our South Florida Criminal Defense Attorneys.

Battery is where the defendant intentionally touched the victim without their consent. A battery on a regular person is classified as a first-degree misdemeanor. Assault is where the defendant intentionally and illegally made a credible threat to physically harm the victim and the threat put the victim in reasonable fear that he would be harmed. Both of these crimes get taken to the “next level” when a deadly weapon is used. If any individual commits any of these crimes on an elderly person, 65 years and up, then the crime is reclassified into a more severe punishment. The lack of knowledge that the person was over 65 years of age is not a defense.

In order for the state to convict you of assault on an elderly person, the state must prove:

1. You intentionally and illegally threatened (by word or action) to hurt the victim;
2. While you were threatening the victim, you looked like he could actually hurt the victim;
3. The victim had a reasonable fear that he was about to be hurt; and
4. The victim was 65 years of age or older.

The facts of the situation are crucial in determining if the crime of assault happened. Certain facts can change the outcome of the case. For example, was the elderly person correctly understanding what you were saying or was he incorrectly hearing a “threat?” Does the elderly person take medications or have other medical conditions that could have caused him to misunderstand the situation. This is why it is important for you to contact a lawyer at the Law Office of Roger P. Foley, P.A. who can help you understand all the possible defenses that are available.

The crime is considered a first-degree misdemeanor which is punishable by a maximum of 365 days in jail and a $1,000 fine.

In order for the state to convict you of battery on an elderly person, the state must prove:

1. You intentionally touched the person without consent; and
2. The person was 65 years of age or older.

Normal battery is a first-degree misdemeanor but since the victim is elderly, the crime is changed into a third-degree felony which is punishable up to 5 years in prison and a $5,000 fine.

For you to be convicted of aggravated assault on an elderly person, the state must prove:

1. You intentionally and illegally threatened (by word or action) to cause physical harm;
2. You looked like you had the capability of committing the threat;
3. The threat produced in the victim reasonable fear that the defendant would cause physical harm;
4. Either:
   1. Your assault was with a deadly weapon; or
   2. You had a fully-formed conscious to commit the crime on the victim; and
5. The victim was over 65 years of age.

Remember that the “deadly weapon” does not have to be deadly but only threatened to be used in a deadly way. The state does not have to prove that the defendant had the intent to kill.

The crime is classified as a second-degree felony which is punishable up to 15 years with a $10,000 fine. There is a mandatory 3 year prison term. The judge will order that restitution will be paid and the defendant must do 500 hours of community service.

For you to be convicted of the crime, the state must prove:

1. You intentionally touched the victim against their will or caused physical injury to the victim;
2. While committing the battery, you either:
   1. Intentionally and knowingly caused serious physical injury or permanent disability; or
   2. Used a deadly weapon; and
3. The victim was over 65 years of age.

This is a first-degree felony that is punishable up to 30 years in prison and a $10,000 fine. There is a mandatory 3 year prison term. The judge will order that restitution will be paid and the defendant must do 500 hours of community service.

If you have been arrested and charged with any of these crimes in the Palm Beach County or the Broward County area, it is extremely important that you contact a Jupiter Elderly Assault Lawyer at our office to discuss your defense options. You will want an attorney who can handle your case and aggressively defend you.