Battery on an Elderly Person (over 65)
If you or your loved one has been charged with Battery on an Elderly Person, contact Tallahassee criminal defense attorney Joe Bodiford. What follows is the Florida Battery on an Elderly Person statute:
784.08. Assault or battery upon elderly person.
Bodiford Law Notes: This Florida criminal law is designed to add extra punishment for folks over 65 years old – the sentence carries a mandatory minimum sentence of at least 3 years in prison! The concept is akin to that of the death penalty – to deter people from harming someone who is a part of a fragile population of the state.
BODIFORD LAW LINKS:
Link to Assault or Battery Upon Elderly Person Jury Instruction
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(1) A person who is convicted of an aggravated assault or aggravated battery upon a person 65 years of age or older shall be sentenced to a minimum term of imprisonment of 3 years and fined not more than $10,000 and shall also be ordered by the sentencing judge to make restitution to the victim of such offense and to perform up to 500 hours of community service work. Restitution and community service work shall be in addition to any fine or sentence which may be imposed and shall not be in lieu thereof.
(2) Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated battery upon a person 65 years of age or older, regardless of whether he or she knows or has reason to know the age of the victim, the offense for which the person is charged shall be reclassified as follows:
(a) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.
(b) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree.
(c) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.
(d) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.
(3) Notwithstanding the provisions of s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld.