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Battery / Assault on a Person 65 years of Age or Older

Assault and Battery are terms that are often used interchangeably, but these are actually separate offenses in Florida that mean different things and carry different penalties. Assault refers to threats by word or act to do violence to another person, while battery is the actual physical contact with another person without that party’s consent.

Either one of these crimes on their own can have serious consequences for an alleged offender, but the possible penalties are enhanced under state law in Florida when an alleged victim is 65 years of age or older. If a person commits Assault or Battery on a senior citizen in the Sunshine State, convictions carry steeper sentences that may include mandatory prison time.

Lawyer for Battery / Assault on a Person 65 years of Age or Older in St. Petersburg, FL

Were you arrested in the Tampa Bay area for an alleged assault or battery on an individual who was 65 years of age or older? Contact Morris Law Firm, P.A. as soon as possible.

Melinda Morris and Seth Shapiro are criminal defense attorneys in St. Petersburg who represent clients in Pinellas County, including Clearwater, Dunedin, Pinellas Park, Largo. The attorneys at the Morris Law Firm can review your case and help you understand all of your legal options when you call (727) 388-4736 today to take advantage of a free initial consultation.


Florida Battery / Assault on a Person 65 years of Age or Older Information Center

  • What constitutes assault on a senior citizen?
  • How can a person be charged with battery of a person 65 years of age or older?
  • What are the consequences of being convicted of aggravated assault on a senior citizen?
  • When does a crime become aggravated battery on a person 65 years of age or older?
  • Where can I learn more about assault and battery on a person 65 years of age or older in St. Petersburg?

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Assault on a Person 65 years of Age or Older Penalties in Pinellas County

Under Florida Statute § 784.08(2)(d), the second-degree misdemeanor offense of assault becomes a first-degree misdemeanor punishable by up to one year in jail and/or a fine of up to $1,000 if:

  • The alleged offender intentionally and unlawfully threatened, either by word or act, to do violence to an alleged victim;
  • At the time, the alleged offender appeared to have the ability to carry out the threat;
  • The act of the alleged offender created in the mind of the alleged victim a well-founded fear that the violence was about to take place; and
  • The alleged victim was at the time 65 years of age or older.

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Battery on a Person 65 years of Age or Older Penalties in St. Petersburg

Under Florida Statute § 784.08(2)(c), the first-degree misdemeanor offense of battery becomes a third-degree felony punishable by up to five years in prison and/or a fine of up to $5,000 if:

  • The alleged offender intentionally touched or struck the alleged victim against his or her will or caused bodily harm to the alleged victim; and
  • The alleged victim was at the time 65 years of age or older.

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Aggravated Assault on a Person 65 years of Age or Older Penalties in Florida

Under Florida Statute § 784.08(2)(b), the third-degree felony offense of battery becomes a second-degree felony punishable by up to 500 hours of community service work, a minimum of three years up to 15 years in prison and/or a fine of up to $10,000 if:

  • The alleged offender intentionally and unlawfully threatened, either by word or act, to do violence to the alleged victim;
  • At the time, the alleged offender appeared to have the ability to carry out the threat;
  • The act of the alleged offender created in the mind of the alleged victim a well-founded fear that the violence was about to take place;
  • The alleged assault was made with a deadly weapon or with a fully-formed, conscious intent to commit a felony offense upon the alleged victim; and
  • The alleged victim was at the time 65 years of age or older.

A weapon is considered a deadly weapon if it is used or threatened to be used in a way likely to produce death or great bodily harm. The state does not have to prove that an alleged offender had an intent to kill.


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Aggravated Battery on a Person 65 years of Age or Older Penalties in Pinellas County

Under Florida Statute § 784.08(2)(a), the second-degree felony offense of battery becomes a first-degree felony punishable by up to 500 hours of community service work, a minimum of three years up to 30 years in prison and/or a fine of up to $10,000 if:

  • The alleged offender intentionally touched or struck the alleged victim against his or her will or caused bodily harm to the alleged victim;
  • The alleged offender, in committing the alleged battery, used a deadly weapon or intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement to the alleged victim; and
  • The alleged victim was at the time 65 years of age or older.

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Florida Resources for Battery / Assault on a Person 65 years of Age or Older Arrests

Office on Aging | St. Petersburg, Florida — The Office on Aging is an umbrella division of St. Petersburg’s Department of Parks and Recreation. Visit this website to learn more about some of the services that the Office on Aging provides. The Office on Aging has multiple facilities in the St. Petersburg area.

Sunshine Center
330 5th St. N.
St. Petersburg, FL 33701
(727) 893-7102

Elder Abuse Prevention | Senior Connection Center, Inc.— Senior Connection Center is a private, nonprofit 501(c)(3) organization. On this section of its website, you can find answers to frequently asked questions, download an elder abuse brochure, and find helpful phone numbers and links. You can also find other agencies on aging in Florida.

Senior Connection Center Inc.
8928 Brittany Way
Tampa, FL 33619
(800) 96-ELDER [963-5337]

Florida Department of Elder Affairs | Report Elder Abuse — The Florida Department of Elder Affairs works in conjunction with the Department of Children and Families (DCF) Adult Protective Services and the Aging Network to protect disabled adults or elderly persons from further occurrences of abuse, neglect, or exploitation. Visit this website to learn how to report elder abuse, learn more about adult protective services, and find information about the Elder Abuse Prevention Program. You can also view outreach materials and find a map of elder abuse prevention coordinators. The coordinator for Pinellas and Pasco County is located at the following address:

AAA of Pasco-Pinellas, Inc.
9549 Koger Boulevard, Suite 100
St. Petersburg, FL 33702
(727) 570-9696


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Morris Law Firm, P.A. | St. Petersburg Battery / Assault on a Person 65 years of Age or Older Defense Lawyer

If you have been charged in the Tampa Bay area with alleged Assault or Battery on a person 65 years of age or older, it is in your best interest to immediately seek legal representation. The Morris Law Firm, P.A. aggressively defends clients in communities throughout Pinellas County, Manatee County, Pasco County, Sarasota County, and Hillsborough County.

St. Petersburg criminal defense attorney Melinda Morris knows how to identify the weaknesses in these cases because of her experience as a former prosecutor for the State Attorney’s Office in Pinellas County. Call (727) 388-4736 or complete an online contact form to have our lawyers provide an honest and thorough evaluation of your case during a free, confidential consultation.


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