Florida law has enhanced punishments for crimes committed against the elderly
In Sarasota and Bradenton we have a large elderly population and it is not uncommon that an elderly person finds him or herself involved in crime, either as a defendant or a victim. If a person commits a battery in Florida (also called a "touch or strike battery"), and the victim is 65 years of age or older, then the person can be charged with a third-degree felony, called a “battery on a person 65 years of age or older." This charge is punishable by up to 5 years in prison.
If a person commits an aggravated battery (which is typically a second-degree felony, punishable by up to 15 years in prison) and the alleged victim is 65 years old or older, then the person can be charged with an "aggravated battery on a person 65 years of age or older" (which is a first-degree felony, punishable by up 30 years in prison).
You do not need to know that the person was 65 years old or older
The crimes of battery or aggravated battery on a person 65 years of age or older are considered general intent crimes. What this means is that it is not necessary that the person committing the battery know that the alleged victim is 65 years or older. The state only needs evidence that the victim is in fact 65 years old or older.
The prosecutor has to prove the victim's age
In order to convict one of the crime of battery on a person 65 years of age or older, the state has to prove the victim's age. This can be done with direct evidence such as the victim testifying or admitting into evidence the victim's birth certificate. The state can also prove the victim's age through circumstantial evidence, such as evidence of the victim's appearance, evidence of dates of marriage, or evidence of the ages of the victim's children from which an inference of the victim’s age could follow.
What can an attorney do to help if you are charged with battery on a person 65 years of age or older?
A criminal defense lawyer typically defends a felony charge of battery on a person 65 years of age or older in the same manner as he or she would fight a regular misdemeanor battery case. There are many possible defenses to this charge and many ways a skilled criminal attorney can fight a battery on a person 65 years of age or older case. Some common defenses are: self defense, mutual combat and the defense of others.
If you have been accused of battery on a person 65 years of age or older
Visit our assault and battery page for an in-depth discussion of assault and battery charges and various defenses and strategies our attorneys utilize in fighting a battery case. On the Soler & Simon assault and battery page, we also give some excellent tips on things that you should do right away of you are accused of and/or have been arrested for battery.
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