What is Battery on Person 65 Years of Age or Older in Florida?

Woman in wheelchair confronted with an angry man.

The crime of Battery on Person 65 years of age or older is a Third Degree Felony that is punishable by up to 5 years in prison and a $5,000 fine.

This offense occurs when a person:

  1. Actually and intentionally touched victim against their will, or intentionally caused bodily harm to victim; and
  2. The victim at the time was over 65 years of age.

An intentional touching or striking includes situations where a defendant knows that a touch or strike is substantially certain to result from his or her act. Fey v. State, 125 So. 3d 828 (Fla. 4th DCA 2013).

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 to Battery of person over 65 years of age are:

  • There was no specific intent to cause the injury that incurred.
  • Consent.
  • Self-defense.


Bonge v. State: On specific intent.

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 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.