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Assault or Battery on a Person 65 Years of Age or Older

Assault 

A person the crime of Assault on a Person 65 years of Age or Older when the accused intentionally and unlawfully threatened, either by word or act, to do violence to a person and at the time, the accused appeared to have the ability to carry out the threat and the act of the accused created in the mind of the victim a well-founded fear that the violence was about to take place, and was at the time 65 years of age or older. 

Battery 

A person commits the crime of Battery on a Person 65 Years of Age or Older when the accused intentionally touches or strikes the victim against his or her and causes bodily harm to the victim and the victim was at the time 65 years of age or older.

Punishment

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 perform up to 500 hours of community service work. Restitution and community service work shall be in addition to any fine or sentence which may be imposed and shall not be in lieu thereof.

Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated battery upon a person 65 years of age or older, regardless of whether he or she knows or has reason to know the age of the victim, the offense for which the person is charged shall be reclassified as follows:

(a) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.

(b) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree.

(c) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.

(d) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.

(3) Notwithstanding the provisions of s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld.

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