Defense Lawyer For Battery On An Elderly Person In Okaloosa County & Walton County

Battery on a person 65 years of age or older is a third degree felony charge under Florida law.

Under most circumstances, Aggravated Battery is classified as a second degree felony and is defined as the act of intentionally touching or striking a person against their will, with a deadly weapon with intent to cause great bodily harm, permanent disfigurement or permanent disability. However, if the victim of an Aggravated Battery is 65 years of age or older, the charge is automatically reclassified as a first degree felony, regardless as to whether the Defendant knew the victim’s age or not.

In order to prove Battery on a Person 65 Years of Age or Older, the State has to prove TWO elements beyond a reasonable doubt:

• Defendant intentionally touched or struck the victim against their will
• At the time, the victim was over the age of 65

In order to prove Aggravated Battery on a Person 65 Years of Age or Older, the State has to prove THREE elements beyond a reasonable doubt:

• Defendant intentionally touched or struck the victim against their will
• In committing the battery, the Defendant intentionally or knowingly caused great bodily harm or permanent disability to the victim; or used a deadly weapon
• At the time, the victim was over the age of 65

As a third degree felony, the Court can impose a sentence of up to Five years in Prison and/or Probation and up to a $5000.00 fine.

If convicted, the penalties the Judge must impose are; a minimum prison term of THREE (3) years, fines of up to $10,000.00, as well as requiring monetary payment in restitution to the victim and up to 500 hours community service work.

If you are a resident, or are visiting the area, and have been arrested for battery on an elderly person Okaloosa County or Walton County, give me a call at (850) 362-6655 for free consultation and lets discuss your situation and the penalties you’re facing and what I may be able to do.