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However, battery only occurs when there is physical contact with another, even if it is not violent. Additionally, battery is considered to have happened when there is harmful, offensive, and non-consensual touching. On the other hand, assault is the attempt or threat of violence or force on another person.
(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 ...
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.
What Is the Punishment for Abuse of an Elderly Person in Florida? Abuse of an older person has the following penalties: For a third-degree crime, the maximum sentence is five years in jail. For a first-degree crime, the sentence may be up to thirty years.
Punishment for Battery on an Elderly Person Normal battery is a first-degree misdemeanor but since the victim is elderly, the crime is changed into a third-degree felony which is punishable up to 5 years in prison and a $5,000 fine.
A person who knowingly or willfully abuses an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.