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:

  1. 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.
  2. 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.
  3. 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.

Have You Been Arrested For Assault and Battery in Florida?

If you've been arrested for assault & battery in Florida need to speak with an experienced assault and battery attorney as soon as possible. Contact us online or call our Fort Walton Beach office directly at 850.243.6097 to get started today.

Tim Flaherty
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Florida Criminal Defense Attorney