Few criminal allegations carry the same level of social stigma as elder abuse. If you've been accused of senior citizen battery in South Florida, you may feel like the world has already turned against you. But it's crucial to remember that elder abuse charges are not the same as a conviction. You have constitutional rights and the ability to raise a strong legal defense with help from an experienced Florida criminal defense attorney.
Senior Citizen Battery: Elder Abuse Charges and Possible Consequences
In Florida, a battery occurs when one of two things happen:
- The intentional touching or striking of a person without their consent; or
- The intentional causing of bodily harm.
A simple battery becomes an aggravated battery when, while committing a battery, a person intentionally or knowingly:
- Causes great bodily harm, permanent disability, or permanent disfigurement; or
- Uses a deadly weapon.
The Crime Is the Same; The Penalties Are Worse if the Victim is a Senior Citizen
A battery or aggravated battery occurs in the same way regardless of the alleged victim’s age. However, when the alleged victim is an elderly person, standard battery charges are reclassified and carry enhanced penalties. Specifically, if the victim is 65 or older:
- A battery is reclassified from a misdemeanor of the first degree to a felony of the third degree
- An aggravated battery is reclassified from a felony of the second degree to a felony of the first degree
It doesn’t matter if you knew the person’s age at the time of the alleged battery. If the person is 65 or older, the crimes are reclassified as more serious offenses, and you face potentially harsher penalties.
Senior Citizen Battery
Senior citizen battery is a felony of the third degree. Accordingly, you face up to five years in prison, five years probation, a fine of up to $5,000, and the consequences of a criminal record.
Senior Citizen Aggravated Battery
According to Florida Statute Section 784.08, if you are convicted of an aggravated assault on a person 65 or older, you face a minimum prison term of three years and a fine of up to $10,000. Additionally, the judge will order you to make restitution to the victim and perform 500 hours of community service work.
However, that is only the minimum possible sentence. Since the aggravated battery of a person 65 or older is a felony of the first degree, you face a possible sentence of up to 30 years in prison in addition to the other potential consequences.
Building a Strong Defense Against Senior Citizen Battery Charges
No two battery cases are alike, which is why our criminal defense lawyers take the time to thoroughly investigate the unique circumstances surrounding the arrest of each of our clients. We interview witnesses, review police reports, examine physical evidence, and create a timeline of events.
In some situations, the alleged victim may be suffering from age-related cognitive decline or mental health conditions that can impact their memory and perception of events. Our criminal defense attorneys work with medical experts when necessary to assess the alleged victim's mental state and credibility.
We also evaluate law enforcement actions to determine if a client’s constitutional rights were violated during any stage of the investigation. If police engaged in misconduct, such as conducting an unlawful search or failing to read your Miranda rights, we can file motions to have illegally obtained evidence suppressed.
Uncovering Weaknesses in the Prosecution's Elder Abuse Case
To convict you of battery on a senior citizen, the prosecutor must prove beyond a reasonable doubt that you intentionally touched the alleged victim against their will or intentionally caused them bodily harm.
Our lawyers scour the evidence for weaknesses in the state's case that can be used to your advantage. Some common defenses against battery on the elderly charges include:
- Self-defense or defense of others
- Unintentional contact
- Consent or permission from the alleged victim
- Lack of evidence
- Mistaken identity
- False allegations
At the Law Offices of Robert David Malove, we understand the stress and anxiety that come with facing charges for battery on a senior citizen. An arrest can make you feel like your world is crumbling, but our battle-tested South Florida criminal defense lawyers are here to help you defend yourself against elder abuse charges.
