Assault and Battery on the Elderly

assault and battery on the elderly

Have you recently found yourself in an altercation with an elderly individual? You may not be thinking much of it seeing as it was probably just ended up being a shouting match or a minor scuffle in your terms. However, if the individual was over 65-years-old and felt as if their well-being was threatened or experienced physical harm, they could press charges against you. The next thing you know an arrest warrant is out against you for assault or battery on the elderly.

These charges carry severe criminal penalties which is why you should waste little time in securing the legal services of an experienced criminal defense attorney. The Orlando criminal defense lawyers at The Umansky Law Firm are seasoned attorneys with experience as prosecutors on the state and local level. We can apply our insight to your benefit to help have charges lessened or even dismissed if possible.

The Difference Between Assault & Battery on the Elderly

Although commonly referenced together, assault and battery are two separate offenses that have their own criminal penalties. To get an assault on the elderly charge to stick, the prosecution must prove the following:

  • You intentionally threatened to hurt the victim;
  • While threatening the victim, you appeared as if you could actually harm the victim;
  • The victim had a reasonable fear for their safety; and
  • The victim was 65 years of age or older

For the charge to be upped to aggravated assault, you must have possessed a deadly weapon and had full-formed conscious to commit a crime. It’s essential to note that the weapon itself does not have to be deadly, but as long as it can cause fatal injuries, you can face aggravated assault charges.

Battery on the elderly is a more severe charge has it involves actual violence and not just the threat of violence. The following elements must be present to get a conviction for battery against the elderly:

  • You intentionally touched or struck the victim against his or her will; or
  • You intentionally caused bodily harms to the victim; and
  • The victim was 65 years of age or older

The charge can be increased to aggravated battery on the elderly if you caused great bodily harm, permanent disability, or permanent disfigurement and used a deadly weapon.

Penalties for Assault & Battery on the Elderly

Per Florida Statute § 784.08, assault or battery on the elderly is illegal, and perpetrators are subjected to prison time, fines, and community service. Just as the crimes assault and battery on the elderly have separate definitions, they also have different penalties which are as follows.

Assault on the Elderly (First-Degree Misdemeanor)

  • Up to 1 year in jail
  • $1,000 in fines

Aggravated Assault on the Elderly (Second-Degree Felony)

  • Mandatory 3 years in prison
  • Up to 15 years in prison
  • $10,000 in fines
  • 500 hours of community service

Battery on the Elderly (Third-Degree Felony)

  • Up to 5 years in prison
  • $5,000 in fines

Aggravated Battery on the Elderly (First-Degree Felony)

  • Up to 30 years in prison
  • $10,000 in fines
  • 500 hours of community service

Defenses to Assault and Battery on the Elderly

Getting involved in an altercation with a senior doesn’t automatically make you guilty of assault or battery on the elderly. You have the right to defend yourself against the presented charges by asserting defenses to the allegations of the prosecution. Some of the most common defenses to assault and battery include:

  • Self-defense
  • False accusations
  • Mutual combat
  • Protection of property

In assault cases, you can also assert that the threat of harm did not meet the legal standard; therefore, charges should be dropped. Law enforcement rarely gets the full story at the scene of the incident. Instead, they see who they can get evidence against for a charge, and in a situation where there are a frightened elderly person and a seemingly aggressive younger adult, it’s not difficult to see who an officer will identify as the victim.

Our team is here to make sure that your side of the story is heard. We can source witnesses, conduct an investigation, take depositions, and file motions on your behalf to help free you of criminal charges.

Get Help From an Orlando Criminal Defense Lawyer

The Orlando criminal defense lawyers at The Umansky Law Firm have over 100 years of combined experience and have a thorough understanding of how to approach violent crime cases. We understand the severity of a conviction which is why we utilize every legal tool at our disposal to help settle your case on the most favorable terms. Contact us today at 407-228-3838 for a free case evaluation. Attorney Zahra Umansky has been involved in over a hundred criminal trials involving a myriad of violent offenses. Allow her to go to work got you.