D. Scott Rieth Criminal Defense Attorney
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Assault or battery on a person 65 or older and its penalties

When a Floridian is accused of violence against another person, there are a litany of penalties they can face if there is a conviction. The circumstances of the case will dictate how severe these penalties are. For example, a person who is accused of assault or battery could face enhanced charges if the allegations involve a victim who is 65 or older. While the idea of committing assault or battery on an elderly person is difficult to reconcile, that does not mean the person who is accused is automatically guilty and should just accept the charges and punishments. Having legal assistance is crucial. First, knowing the law is key.

Assault is the threat or act of violence with the ability to do so; aggravated assault is done with a deadly weapon and no intention of killing or done with the intention of committing a felony; battery is touching or striking a person intentionally without his or her consent and the intentional causing of bodily harm; and aggravated battery is when there is an intentional causing of great bodily harm, permanent disability, permanent disfigurement, or use of a deadly weapon.

If there is aggravated assault or battery on a person 65 or older and there is a conviction, there will be three years in jail and a fine of up to $10,000. In addition, restitution will be ordered for the victim and up to 500 hours of community service. If the act is committed - whether the accused knew that the victim was 65 or older or not - there will be the following charges: aggravated battery will be a first-degree felony; aggravated assault will be a second-degree felony; battery will be a third-degree felony; and assault will be a first-degree felony. The sentence cannot be suspended, deferred or withheld.

Violence can occur in many situations and not all warrant an arrest and conviction. Regardless of the allegations, it is not automatic that the accused is guilty. This is especially true when the crime is as serious as assault and battery against an elderly person. Because these are felony charges, there can be extended jail time, fines and more. Having assistance in crafting a defense against these allegations of violent crimes is imperative and an experienced law firm can help.

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D. Scott Rieth
9040 Town Center Parkway, Suite 103A
Bradenton, FL 34202

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