§ 784.08(2)(b).  Aggravated Assault of Person 65 Years of Age or Older.

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. Person Intentionally and unlawfully threaten, 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.

Defenses to Aggravated Assault of a person 65 years of age or older

Some of the defenses to Aggravated Assault of person 65 years of age or older are:

  • 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.

There are other possible defenses which I can explore with you during our Free Initial Consultation.

Contact Criminal Defense Attorney
Glenn M. Swiatek

Free Initial Consultation

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 Northwest Florida please call us today at (850) 609‑0940 or send this form.

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 when you are charged with Aggravated Assault of a person 65 years of age or older.

    References:

    Bulter v. State: On conditional threat.

    HW v. State: On unreasonable fear.

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