What is aggravated assault of person 65 years of age or older in Florida?

Man holding gun to older person's head

The crime of Aggravated Assault of a person 65 years of age or older is a Second Degree Felony that is punishable by up to 15 years in prison and a $10,000 fine.

This offense occurs when:

  1. A person intentionally and unlawfully threatens, either by word or act, to do violence to victim.
  2. At that time, person appeared to have ability to carry out threat.
  3. The act of the alleged offender created in the mind of the alleged victim a well-founded fear that violence was about to take place; and
  4. The assault was made with a deadly weapon or a fully formed conscience intent to commit a crime upon the victim; and
  5.  The victim was over 65 years of age. 

A “deadly weapon” is any object that will likely cause death or great bodily harm if used or threatened to be used in the ordinary and usual manner contemplated by its design and construction.

If the circumstances were such as to ordinarily induce a well-founded fear in the mind of a reasonable person, then victim may be found to have been in fear, and actual fear on the part of victim need not to be shown. Gilbert v. State, 347 So. 2d 1087 (Fla. 3d DCA 1977).

Battery offense implies that the defendant made physical contact with the victim. Unlike battery, assault does not imply bodily harm or physical contact to the victim.

Some defenses include:

  • There was no specific intent to cause the level of injury that incurred.
  • Weapon used did not amount to a deadly weapon.
  • Unreasonable fear.
  • Conditional threat.

References:

Bulter v. State: On conditional threat.

HW v. State: On unreasonable fear.

Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation in Destin, Shalimar, Crestview, Ft. Walton Beach and other areas of Northwest Florida

If you have been arrested or believe you will soon be arrested for the offense of aggravated assault of a person 65 years of age or older in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.

Initial Office Consults are free, and I will make myself available to suit your schedule. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring.

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