(561)988-8000 Battery on a Person 65 Years of Age or Older – No Charges Filed After Defense Investigation
Battery on a Person 65 Years of Age or Older (Fla. Stat. § 784.08(2)(c)) – Tamarac, Broward County, Florida
In Tamarac, Broward County, Florida, our client was arrested and accused of committing Battery on a Person 65 Years of Age or Older, a third-degree felony under Florida Statute § 784.08(2)(c), arising from allegations involving an elderly family member during a domestic dispute inside a residence.
According to the arrest affidavit, law enforcement responded to a reported domestic disturbance after the alleged victim claimed that a verbal argument escalated into physical conduct. Officers alleged that the disagreement began over the use of cooking pots inside the residence and that the alleged victim accused the client of pushing or shoving her during the confrontation. Deputies further alleged that the complaining witness stated she attempted to walk away from the argument but was unable to immediately leave the area because other family members were present near the exits. The client was ultimately arrested and transported to the Broward County Jail on a felony domestic battery charge involving an elderly person.
Although no visible injuries were reportedly observed by responding deputies, the charge nevertheless exposed the client to severe penalties because of the age-enhancement provisions contained within Florida law. A conviction for Battery on a Person 65 Years of Age or Older can carry:
- felony adjudication,
- incarceration,
- probation,
- domestic violence consequences,
- firearm restrictions,
- and long-term damage to a person’s criminal record and reputation.
Immediately after being retained, Leifert & Leifert, through attorney Brian S. Leifert, Esq., launched an independent defense investigation into the allegations and surrounding family circumstances.
The defense investigation quickly uncovered substantial evidence contradicting the allegations contained within the probable cause affidavit. Most significantly, the defense obtained sworn affidavits from two eyewitnesses who were present during the incident: the client’s adult sons, Liam Scanlon and Aidan Scanlon.
In their sworn statements, both witnesses advised:
- that they personally observed the incident,
- that the argument was entirely verbal,
- and that there was “absolutely no physical contact” between the client and the alleged victim.
The witnesses further stated that:
- the alleged victim became upset over the use of cooking pots,
- removed the pots from the stove,
- and became verbally aggressive toward the client.
The affidavits also advised that:
- the alleged victim suffered from bipolar disorder,
- was taking mood-altering medication,
- had allegedly been acting erratically,
- and was involved in pending civil litigation against members of the family, including the client and both witnesses.
Importantly, both eyewitnesses expressly stated under oath that:
- the client never touched, shoved, pushed, or battered the alleged victim,
- and that responding officers never interviewed them before making the arrest decision.
The defense carefully compiled and presented these sworn statements, along with additional mitigating information and factual inconsistencies, directly to the Broward County State Attorney’s Office before formal prosecution decisions were finalized.
By aggressively intervening early in the case and presenting contradictory sworn witness testimony undermining probable cause and credibility, the defense was able to significantly weaken the prosecution’s position prior to formal filing review.
RESULT: After reviewing the defense investigation, sworn affidavits, and contradictory witness evidence presented by Leifert & Leifert, the Broward County State Attorney’s Office declined to file formal criminal charges against the client.
OUTCOME: No Information was filed by the State Attorney’s Office, meaning the felony prosecution never formally proceeded in court. The client avoided felony prosecution, incarceration exposure, probation, and the devastating long-term consequences associated with a felony domestic violence conviction involving an elderly alleged victim.
