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BATT1001 Battery (Victim Over 65)
Facing a Serious Charge: Battery on a Person Over 65 in Hillsborough County
If you’ve been arrested in Hillsborough County for what’s known as BATT1001 – battery on someone 65 years of age or older – you are facing a significantly serious legal situation. Florida law, under Florida Statute § 784.08(2)(c), treats these cases with a heightened level of severity. A conviction for Felony Battery on a Person 65 or Older in Tampa or anywhere in Hillsborough County can result in years of imprisonment, substantial financial penalties, and the lasting burden of a felony criminal record.
Navigating these complex legal waters requires the immediate attention of an experienced and dedicated criminal defense attorney who understands the intricacies of Florida law and is committed to protecting your rights.
W.F. “Casey” Ebsary Jr., a Board-Certified Criminal Trial Lawyer, has a long and successful history of defending clients facing serious criminal charges in the Tampa Bay area. With decades of experience and a deep understanding of the local legal landscape, Casey Ebsary is prepared to provide the aggressive and knowledgeable defense you need. He is committed to thoroughly investigating the circumstances of your arrest, exploring every available legal option, and building a robust defense strategy tailored to your specific situation.
If you are facing a BATT1001 charge, do not delay. Contact the Law Office of W.F. “Casey” Ebsary Jr. today for a confidential consultation at (813) 222-2220.
Understand the Charge: Battery on a Person Over 65
Under Florida Statute § 784.08(2)(c), if you commit a battery against an individual aged 65 or older, the charge is automatically elevated to a third-degree felony. This enhancement applies even if the underlying battery, if committed against a younger person, would have been classified as a misdemeanor.
What the State Must Prove
To secure a conviction for felony battery on a person over 65, the prosecution in Hillsborough County must prove each of the following elements beyond a reasonable doubt:
- The Victim’s Age: The alleged victim was 65 years of age or older at the time the incident occurred.
- Intentional Battery: You intentionally touched or struck the alleged victim against their will, or intentionally caused bodily harm to them. This aligns with the general definition of battery in Florida law.
- Knowledge of Age (or Should Have Known): You knew or should have known that the alleged victim was 65 years of age or older. This “should have known” standard means the prosecution can argue that a reasonable person in the same situation would have been aware of the victim’s age.
The Serious Penalties of a BATT1001 Conviction
A conviction for this third-degree felony carries significant and life-altering penalties under Florida law:
- Imprisonment: Up to five (5) years in state prison.
- Probation: Up to five (5) years of probation, which may follow a prison sentence.
- Substantial Fines: Up to $5,000 in monetary fines.
- Restitution: The court may order you to pay restitution to the alleged victim for any damages or losses they incurred.
- Permanent Felony Record: A felony conviction will result in a permanent criminal record, which can severely impact your future opportunities.
- Sentencing Guidelines: This offense is classified as a Level 4 offense under the Florida Criminal Punishment Code sentencing guidelines, which plays a significant role in determining the potential sentence.
Top 10 Things You Need to Know If Charged
- Age Matters Significantly: The victim’s age (65+) automatically elevates the charge to a felony.
- Intent is Crucial: The prosecution must prove you acted intentionally. Accidents are generally not battery.
- Self-Defense is a Right: You have the right to defend yourself if attacked, and this can be a valid defense.
- Prior Record Can Hurt: Previous convictions can increase the severity of any potential sentence.
- Act Fast, Get a Lawyer: The sooner you consult an attorney, the better your defense options.
- “Should Have Known” Standard: You can be charged even if you didn’t know the exact age, if it was reasonably apparent.
- No Serious Injury Needed for Felony: The felony charge is based on the victim’s age, not the severity of the injury.
- Felony Conviction Has Long-Term Impacts: It can affect your ability to vote, own firearms, get a job, and more.
- Thorough Investigation is Key: A good attorney will investigate the facts and gather evidence for your defense.
- Negotiation is Possible: Your attorney may be able to negotiate for reduced charges or a favorable plea agreement.
Common Legal Defenses
An experienced attorney like Casey Ebsary will explore all potential defenses based on the specific details of your case. These can include:
- Self-Defense: Arguing your actions were justified to protect yourself from harm.
- Lack of Intent: Demonstrating that any contact was accidental or unintentional.
- False Accusations: Presenting evidence that the allegations are fabricated.
- Mistaken Identity: Showing you were not the person who committed the alleged battery.
- Insufficient Evidence: Challenging the prosecution’s case if they lack sufficient proof.
Frequently Asked Questions
The key difference is the victim’s age. If the victim is 65 or older, it’s automatically a felony under Florida Statute § 784.08(2)(c). Simple battery is usually a misdemeanor.
Generally, no. The prosecution must prove you acted intentionally. Accidental contact usually doesn’t meet the legal definition of battery.
Yes, the law states you must have “knew or should have known” the victim’s age. If a reasonable person in your situation would have known, you could still face the felony charge.
Beyond immediate penalties, a felony conviction can make it hard to find a job, restrict your voting rights, limit firearm ownership, and leave a permanent criminal record.
Yes. The charge is based on the act of battery against someone in the protected age group, not just the extent of the injury.
Yes, if you acted in reasonable fear of imminent harm and used only necessary force, self-defense can be a valid defense.
It indicates a moderate level of severity within Florida’s sentencing structure, influencing the potential sentence if convicted.
It depends on whether your response was a reasonable act of self-defense. Excessive force could still lead to charges.
Remain silent and immediately ask to speak with an attorney. Do not answer questions without your lawyer present.
An attorney can investigate your case, explain your options, identify defenses, negotiate with the prosecution, and represent you in court to achieve the best possible outcome.
Why Choose W.F. “Casey” Ebsary Jr.?
Facing a felony battery charge involving an elderly person demands a skilled and experienced defense attorney. Here’s why clients in Tampa and Hillsborough County trust Casey Ebsary:
- Board Certified in Criminal Trial Law: A distinction held by a small percentage of Florida attorneys, signifying recognized expertise.
- Former Prosecutor: Understanding how the State builds its case provides a significant strategic advantage.
- Decades of Experience: A proven track record of handling numerous trials and helping thousands of clients.
- Technology-Savvy Defense: Expertise in navigating digital evidence, which is often crucial in modern cases.
- Personalized Legal Strategy: Tailoring a defense plan specifically to the unique circumstances of your case.
Arrested? Don’t Wait. Call Now.
Protect your future. You need a dedicated attorney who will:
- Fight for dismissal or reduction of charges
- Work to avoid jail or prison time
- Keep you informed throughout the legal process
- Safeguard your record, reputation, and future
Call W.F. “Casey” Ebsary Jr. now at (813) 222-2220 for a free and confidential case review.
You can also find more information and contact us through our website: https://www.centrallaw.com/contact-us/. We respond quickly and confidentially.
Time is critical. Contact us today to start building your defense.
Serving Hillsborough County and Beyond
W.F. “Casey” Ebsary Jr. proudly represents clients in:
- Tampa
- Brandon
- Plant City
- Riverview
- Temple Terrace
- Carrollwood
- All of Hillsborough County
Whether your arrest was by the Tampa Police Department, Hillsborough County Sheriff’s Office, or another agency, we are here to help.
Battery on Elderly Victim Defense – At a Glance
| Charge | Statute | Degree | Max Penalty |
|---|---|---|---|
| BATT1001 – Battery on Person 65+ | § 784.08(2)(c) | 3rd Degree Felony | 5 Years Prison / $5,000 Fine |
Common Defenses: Lack of intent, self-defense, mistaken identity, false accusation, no evidence of physical harm.
Don’t Gamble With Your Future. Contact Us Today.
A felony battery charge involving an elderly person carries life-altering consequences. Effective legal representation can provide hope and a strong defense.
Call W.F. “Casey” Ebsary Jr. now at (813) 222-2220.
Visit https://www.centrallaw.com for more information.
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Original Article from 2010
If you have been charged with BATT1001 BATTERY (VICTIM OVER 65) you can call a Tampa Criminal Defense Attorney for FREE at (813) 222-2220 and tell me your story.
Form Code: BATT1001
Florida Statute: 784.03.1A
Level: Fel (Felony)
Degree: 3rd
Description: BATTERY (VICTIM OVER 65)
BATT1001 BATTERY (VICTIM OVER 65) is often charged in Hillsborough County, Florida.
Title XLVI CRIMES
Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE
784.03 Battery; felony battery.
(1)(a) The offense of battery occurs when a person:
1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.