I have extensive experience in defending all battery cases in Orange County and Seminole County. I examine each battery case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced battery attorney is essential. Once hired, I will:

1. Collect and review all written statements, photographs and 911 calls;
2. Find flaws in the police officer’s investigation;
3. Identify all possible defenses;
4. Immediately start negotiating with the prosecutor not to file formal charges, and
5. Do whatever is necessary to avoid an conviction.

EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE

Early representation can often times convince your prosecutor to not file formal charges against you or file lesser charges against you such as simple battery. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:

• Was any of the evidence collected against you illegally obtained?
• Are the allegations made against you false? Were there any witnesses to this incident?
• Were you read your Miranda rights? Were your statements obtained illegally obtained?
• Are there other factors or motivations that show your lack of intent to commit a crime?
• Is there a lack of evidence or a conflict in the evidence?

WHAT IS BATTERY on a person 65 or older

Battery on a person 65 years of age or older is defined in Florida Statute Section 784.08 as the defendant intentionally touched or struck the victim against his or her will or the defendant intentionally caused bodily harm to the victim and the victim was 65 years of age or older.

HOW IS BATTERY on a person 65 or older proven IN FLORIDA?

To prove the crime of battery on a person 65 years of age or older, the State must prove the following two elements beyond a reasonable doubt:

1. Defendant actually and intentionally touched or struck victim against his or her will and intentionally caused bodily harm to victim
2. Victim was at the time 65 years of age or older.
3. Full Florida standard jury instructions

PENALTIES FOR BATTERY on a person 65 or older

Battery on a person 65 years of age or older is a third-degree felony that is punishable by a jail term of up to five years and a fine of up to $5,000. Other Sanctions include:

• Community control or supervised probation
• Anger management course
• No contact with victim
• Permanent criminal conviction
• Restitution to victim
• Community Service

Enhanced penalties for Aggravated battery on an elder person

The upgraded crime of aggravated battery on a person 65 years of age or older requires proof of any one of the four additional element listed below:

1. caused great bodily harm to the victim;
2. caused permanent disability to the victim;
3. caused permanent disfigurement to the victim; or
4. used a deadly weapon.

Aggravated battery on a person 65 years of age or older is a first degree felony punishable by 30 years in state prison with a minimum 3 year prison sentence. Other penalties include a $10,000 fine.

For any charge of battery on a person the age of 65 years old, the court is not permitted to withhold adjudication or suspend the sentence.

DEFENSES FOR BATTERY on a person 65 or older

There are many defenses available to contest a charge of battery on a person 65 years or older. Some of the more common defenses include the following:

• Self-Defense;
• Defense of others or property;
• Mutual Combat;
• Accidental Touching;
• Touching Incidental to Other Conduct not Aimed at Making Contact; AND
• Lack of Evidence or Conflicts in the Evidence.

What if I didn’t know the victim was 65 years of age or older?

The State doesn’t have to prove that you knew the victim was 65 years of age or older.  So it would not be a defense to this enhanced form of assault or battery if you did not know the victim’s age.

I DEFEND ALL BATTERY CASES

If you were arrested or charged with the serious criminal offense of Battery on a Person 65 Years of Age or Older, then contact my office at 407-740-7275 for a free consultation to discuss your case. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.