Assault or Battery on a Person 65 Years of Age or Older
A great deal of criminal law, as our Palm Beach and Broward County criminal defense lawyers know, is designed to protect those who cannot easily or ably protect themselves. Aside from and perhaps even more so than children, it is senior citizens who have the most difficulty defending themselves against a physical attack.
Naturally, as the body ages, one’s ability to both a) run away and b) defend oneself diminishes significantly. That is why state laws such as those found in s. 784.08 of the Florida State Statutes prescribe harsh, unbending penalties for those caught assaulting or battering someone over the age of 65 years old.
According to the statute, anyone who is convicted of aggravated assault or aggravated battery upon a person 65 years of age or older shall be sentenced to minimum of 3 years in prison and will be forced to pay fines of up to $10,000.00. Moreover, said individual will also be ordered, by the sentencing judge, to make restitution to the victim of the offense (the elderly individual) and to perform up to 500 hours of community service work. The restitution paid to the victim and the community service work performed for the benefit of the community cannot be “checked off” upon completion of some other part of the sentence; both must be completed in addition to any other fine or sentence.
A victim of aggravated assault or battery or aggravated battery being at least 65 years old means that the crime committed is to be reclassified in terms of punishment level. Specifically, as our criminal defense lawyers at the law offices of Leifert & Leifert know, regardless of whether or not the assailant knew that the victim was age 65 years or older, the offense for which the person is charged is to be reclassified as follows:
- In the case of aggravated battery, from a felony of the second degree to a felony of the first degree;
- In the case of aggravated assault, from a felony of the third degree to a felony of the second degree;
- In the case of battery, from a misdemeanor of the first degree to a felony of the third degree; and
- In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.
Assault and/or battery against an individual aged 65 years or older is a crime that the judicial system in the State of Florida takes very seriously. In addition to the heightened punishments set forth above, and notwithstanding the provisions of s. 948.01, the state mandates that prosecutors and/or judges may not suspend, defer or withhold an adjudication of guilt or an imposition of a sentence if a person is guilty of the crime of of aggravated assault, battery or aggravated battery upon a person aged 65 years old or older as described on this page.
Laws like these leave little room for questioning and even less room for judicial discretion. If you have been arrested for or charged with the offense of battery on a person 65 years of age or older in Palm Beach, Broward or Miami-Dade County, please contact our skilled criminal defense lawyers to set-up a free consultation. You can reach us by calling 1-888-5-DEFEND (1-88-533-3363). We look forward to speaking with you.