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

Man looming over upset old woman in wheelchair

The crime of Assault of a person 65 years of age or older is a First Degree Misdemeanor that is punishable by up to 1 year in prison and a $1,000 fine.

This offense occurs when a person:

  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 victim was over 65 years of age. 

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 Assault of a person 65 years of age or older

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

  • There was no specific intent.
  • 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 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 Assault of a person 65 years of age or older.

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