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Statute:
784.08 Assault or battery on persons 65 years of age or older;
reclassification of offenses; minimum sentence.
Incarceration, house arrest,
extensive community service, probation and/or expensive court
costs can result from an arrest for assault or battery on
persons 65 years of age or older. Former Broward County
Prosecutor Leah H. Mayersohn knows the law. Having served
successfully on both sides—prosecution and defense—she is in the
most advantageous position to advise you and protect your
rights. Her professionalism and trial experience have earned her
multiple awards, including Best of the US, Top Lawyer, and
Martindale Hubbell’s AV rating.
Call
Leah H. Mayersohn NOW.
This is a serious offense with
potentially serious consequences.
(1) A person who is convicted of an aggravated assault or
aggravated battery upon a person 65 years of age or older shall
be sentenced to a minimum term of imprisonment of 3 years and
fined not more than $10,000 and shall also be ordered by the
sentencing judge to make restitution to the victim of such
offense and to perform up to 500 hours of community service
work. Restitution and community service work shall be in
addition to any fine or sentence which may be imposed and shall
not be in lieu thereof.
(2) Whenever a person is charged with committing an assault or
aggravated assault or a battery or aggravated battery upon a
person 65 years of age or older, regardless of whether he or she
knows or has reason to know the age of the victim, the offense
for which the person is charged shall be reclassified as
follows:
(a) In the case of aggravated battery, from a felony of the
second degree to a felony of the first degree.
(b) In the case of aggravated assault, from a felony of the
third degree to a felony of the second degree.
(c) In the case of battery, from a misdemeanor of the first
degree to a felony of the third degree.
(d) In the case of assault, from a misdemeanor of the second
degree to a misdemeanor of the first degree.
(3) Notwithstanding the provisions of s. 948.01, adjudication of
guilt or imposition of sentence shall not be suspended,
deferred, or withheld.
History.--s. 1, ch. 89-327; s. 1,
ch. 92-50; s. 18, ch. 93-406; s. 1200, ch. 97-102; s. 19, ch.
97-194; s. 5, ch. 99-188; s. 1, ch. 2002-208.
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