CRIMES AGAINST THE ELDERLY
UNDERSTANDING CRIMES AGAINST PERSONS 65+ YEARS OF AGE
Section 784.08, Florida Statutes, regulates crimes against individuals who are 65 years of age or older. Assaults must be proven by the State beyond a reasonable doubt by establishing:
The Defendant intentionally and unlawfully threatened, either by word or by act, to do violence against the victim.
At the time the Defendant appeared to have the ability to carry out the threat.
The act of the Defendant created in the mind of the victim a well-founded fear that the violence was about to take place.
The victim at the time was 65 years of age or older.
An aggravated assault can occur when the assault was made with a deadly weapon, or the assault was made with a fully formed conscious intent to commit the crime upon the victim.
The crime of battery on a person 65 years of age or older occurs where it is proven beyond a reasonable doubt that the Defendant intentionally touched or struck the victim against his or her will. Aggravated battery exists where the Defendant in committing the battery intentionally or knowingly caused great bodily harm, permanent disability to the victim, or else a deadly weapon was used in the circumstances.
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