At Flaherty & Merrifield, I defend a wide variety of serious felony cases in Fort Walton Beach. Some cases are able to be worked out. Others are far more difficult because of the nature of the charge and who the victim is.
One example is crimes against children and another is the topic of this blog: crimes against an older person. Battery on the Elderly is a charge that prosecutors are very tough on. Usually, they will be seeking a substantial prison term if you are convicted.
Florida Statute 784.08 governs Battery on the Elderly charges. It defines an elderly person as anyone who is 65 years of age or older. It states that when you commit a crime of violence against an elderly victim, the charge will be enhanced.
Here are some examples:
- If the crime was simple Battery, the charge will be enhanced from a misdemeanor to a third-degree felony with a possible sentence of five years in prison.
- If the crime was Aggravated Assault, the case will be reclassified from a third-degree felony (five years in prison) to a second-degree felony with a maximum sentence of 15 years in prison.
- If the crime involved the use of a deadly weapon, or if the elderly victim suffered great bodily harm, the charge will be enhanced from a second degree felony (15 years) to a first degree felony with a potential sentence of 30 years in prison.
It should also be noted that for any conviction for Aggravated Assault or Aggravated Battery on the Elderly, you will face a mandatory minimum sentence of three years in prison.
Like every other felony case I defend, I want you to know that your Battery on the Elderly charge is serious but it is also NOT hopeless.
Contact an Okaloosa County Assault and Battery Defense Attorney
If you or a loved one have been charged with Assault and Battery in Okaloosa County, call Flaherty & Merrifield today at (850) 243-6097 for a free consultation.
