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

Black eye on old woman

The crime of Aggravated Battery on Person 65 years of age or older is a First Degree Felony that is punishable by up to 30 years in prison and a $10,000 fine.

This offense occurs when:

  1. The Person actually and intentionally touched the victim against their will, or intentionally caused bodily harm to victim.
  2. While committing the battery the person intentionally or knowingly caused great bodily harm to victim, permanent disability to the victim, permanent disfigurement to the victim, or used a deadly weapon.
  3. The victim was at the time 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.

“Great bodily harm” means great as distinguished from slight, trivial, minor, moderate harm, and as such does not include mere bruises. 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 of the defenses are:

  • There was no specific intent to cause the level of injury that incurred.
  • A deadly weapon was not used.
  • The injury caused did not amount to great bodily harm to victim, permanent disability to the victim, permanent disfigurement to the victim.
  • Consent.
  • Self Defense.

References:

Ortiz v. State: On deadly weapon.

Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation

If you have been arrested or believe you will soon be arrested for the offense of aggravated battery on 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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