The crime occurs when a battery is committed against somebody whom the offender knows or should know is 65 years of age or older.
As you know, battery can be something as simple as an unwanted touching or striking.
Battery, by itself, is a misdemeanor.
Battery on an elderly person can be a domestic violence crime and a non-domestic violence crime.
Many people have elderly family members who live within their household. This is why this crime can be a domestic crime.
It may also be non-domestic, such as a confrontation between strangers.
All of the standard battery defenses apply to this crime. These defenses include mutual combatants and self-defense.
Penalties for this crime can range from Pretrial Intervention (PTI) all the way up to prison time.
If you or a loved one are charged with battery on an elderly person, call me today. I practice criminal defense in Miami and Broward.