In Florida, a battery charge against a person over 65 years old is very serious offense.  There is a large population of older folks in Florida.  As a result, the law is very protective of them.  If you are charged with battery against an elderly person in Jacksonville it is important that you have an experienced Duval defense attorney by your side.   

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Battery on an elderly person in Florida is a specific and more serious form of battery that involves intentionally striking or causing harm to an individual who is classified as elderly. Florida law provides enhanced penalties for crimes committed against elderly individuals due to their vulnerability. This offense is governed by Florida Statutes § 784.08.

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Definition of Battery on an Elderly Person:

Elderly Person: In Florida, an "elderly person" is defined as someone who is 65 years of age or older.

Battery: Involves intentionally touching, striking, or causing bodily harm to another person without their consent.

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When battery is committed against someone who is 65 or older, the charge is elevated to a more serious offense, reflecting the state's intent to protect elderly individuals from harm.

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Penalties for Battery on an Elderly Person:

Battery on an elderly person is classified as a third-degree felony in Florida, which carries harsher penalties than a simple battery charge. The potential penalties include:

Prison Time: Up to 5 years in prison.

Probation: Up to 5 years of probation.

Fines: Up to $5,000 in fines.

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Aggravated Battery on an Elderly Person:

If the battery causes great bodily harm, permanent disability, or permanent disfigurement, or if a deadly weapon is used, the charge may be elevated to aggravated battery on an elderly person, which is a second-degree felony. The penalties for aggravated battery on an elderly person include:

Prison Time: Up to 15 years in prison.

Probation: Up to 15 years of probation.

Fines: Up to $10,000 in fines.

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Additional Penalties:

Mandatory Community Service: Florida law mandates that anyone convicted of battery on an elderly person must perform a minimum of 500 hours of community service work.

Restitution: The offender may also be required to pay restitution to cover the costs of medical care and other expenses incurred by the victim as a result of the battery.

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Defenses to Battery on an Elderly Person:

Some common defenses to this charge include:

Lack of Knowledge: Arguing that the defendant did not know the victim was elderly (although this defense can be difficult if the victim's age was apparent).

Self-defense: Claiming that the defendant acted to protect themselves from harm.

Defense of others: Justifying the battery as a means of protecting another person.

False Accusation: Proving that the allegations are false or that the situation has been misinterpreted.

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Important Considerations:

Age of the Victim: The victim must be at least 65 years old at the time of the incident for the enhanced penalties to apply.

Intent: The prosecution must prove that the defendant intentionally committed the battery.

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Battery on an elderly person is taken very seriously in Florida, and a conviction can result in severe penalties, including imprisonment and a permanent criminal record. Anyone facing such charges should seek legal counsel immediately to ensure their rights are protected and to develop a strong defense.  ​If you are charged with a Jacksonville battery on an elderly person crime in Duval County contact our office.  Consultations are always free and always confidential.