Florida Statute 784.8 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE

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F.S. 784.08

784.08 Assault or battery on persons 65 years of age or older; reclassification of offenses; minimum sentence.—

(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 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.

(2) 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.

(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.

History.—s. 1, ch. 89-327; s. 1, ch. 92-50; s. 18, ch. 93-406; s. 1200, ch. 97-102; s. 19, ch. 97-194; s. 5, ch. 99-188; s. 1, ch. 2002-208.

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Amendments to 784.08

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 784.08

Level: Degree
Misdemeanor/Felony: First/Second/Third

S784.08 - ASSAULT - REMOVED - U: U

S784.08 2a - AGGRAV BATTERY - ON PERSON 65 YEARS OF AGE OR OLDER - F: F

S784.08 2b - ASSAULT - AGG ASSAULT ON PERSON 65 YOA OR OLDER - F: S

S784.08 2c - BATTERY - ON PERSON 65 YEARS OF AGE OR OLDER - F: T

S784.08 2d - SIMPLE ASSLT - ON PERSON 65 YEARS OF AGE OR OLDER - M: F

Cases Citing Statute 784.08

Total Results: 54

Standard Jury Instructions in Crim. Cases

697 So. 2d 84, 22 Fla. L. Weekly Supp. 428, 1997 Fla. LEXIS 1017, 1997 WL 378626

Supreme Court of Florida | Filed: Jul 10, 1997 | Docket: 1766763

Cited 114 times | Published

BATTERY ON PERSON 65 YEARS OF AGE OR OLDER F.S. 784.08(2)(a) [New] Before you can find the defendant

Taylor v. State

818 So. 2d 544, 2002 WL 80256

District Court of Appeal of Florida | Filed: Jan 23, 2002 | Docket: 1652812

Cited 41 times | Published

person sixty-five years of age or older under section 784.08, Florida Statutes (1997); section 9, which

Standard Jury Inst. in Cr. Cases No. 2006-2

962 So. 2d 310, 2007 WL 2002611

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 2518611

Cited 36 times | Published

AGGRAVATED BATTERY ON PERSON 65 YEARS OF AGE OR OLDER § 784.08(2)(a), Fla. Stat. To prove the crime of Aggravated

Franklin v. State

887 So. 2d 1063, 2004 WL 2197021

Supreme Court of Florida | Filed: Sep 30, 2004 | Docket: 308391

Cited 21 times | Published

law enforcement officer. Section 5: amends section 784.08 to provide a mandatory minimum sentence for

Hamrick v. State

648 So. 2d 274, 1995 WL 1640

District Court of Appeal of Florida | Filed: Jan 4, 1995 | Docket: 31775

Cited 14 times | Published

PHILLIP A., Associate Judge, concur. NOTES [1] Section 784.08, Florida Statutes (1991), provides for a reclassification

Hollingsworth v. State

632 So. 2d 176, 1994 WL 41838

District Court of Appeal of Florida | Filed: Feb 11, 1994 | Docket: 462695

Cited 13 times | Published

NOTES [1] § 812.13(2)(c), Fla. Stat. (1991). [2] § 784.08, Fla. Stat. (1991). [3] § 812.014(1) & (2)(d)

Smith v. State

650 So. 2d 689, 1995 WL 68737

District Court of Appeal of Florida | Filed: Feb 22, 1995 | Docket: 1703078

Cited 9 times | Published

said person's will in violation of § 784.03 and § 784.08(2)(c) and § 775.087, Fla. Stat., contrary to the

Billiot v. State

711 So. 2d 1277, 1998 WL 251475

District Court of Appeal of Florida | Filed: May 20, 1998 | Docket: 1337772

Cited 6 times | Published

committed on a person 65 years of age or older, section 784.08, Florida Statutes. These elements distinguish

Gordon v. State

603 So. 2d 512, 1992 WL 94150

District Court of Appeal of Florida | Filed: Aug 28, 1992 | Docket: 1475769

Cited 5 times | Published

felony to a first-degree felony pursuant to Section 784.08(2), Florida Statutes (1989), which requires

Torres v. State

712 So. 2d 1169, 1998 WL 372140

District Court of Appeal of Florida | Filed: Jun 12, 1998 | Docket: 1471491

Cited 4 times | Published

that the battery be on a person 65 or older. See § 784.08, Fla. Stat. (1995). Because these elements are

State v. Nelson

577 So. 2d 971, 1991 WL 40056

District Court of Appeal of Florida | Filed: Mar 27, 1991 | Docket: 1294963

Cited 4 times | Published

carried out "knowingly." We reluctantly affirm. Section 784.08(2), Florida Statutes (1989), provides in part:

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-05

131 So. 3d 755, 2013 WL 6305187

Supreme Court of Florida | Filed: Dec 5, 2013 | Docket: 60238162

Cited 3 times | Published

AGGRAVATED ASSAULT ON PERSON 65 YEARS OF AGE OR OLDER § 784.08(2)(b), Fla. Stat. To prove the crime of Aggravated

Hatmaker v. Liberty Mutual Fire Insurance

308 F. Supp. 2d 1308, 2004 U.S. Dist. LEXIS 4093, 2004 WL 485570

District Court, M.D. Florida | Filed: Feb 13, 2004 | Docket: 2358748

Cited 3 times | Published

prosecuted for felony battery in violation of Fla. Stat. 784.08(2)(c).[5] Further, Mr. Hatmaker and his wife

Cochran v. State

622 So. 2d 166, 1993 WL 309070

District Court of Appeal of Florida | Filed: Aug 11, 1993 | Docket: 546765

Cited 3 times | Published

statute Cochran was convicted of violating, section 784.08(2)(c), Florida Statutes (1989), provided, at

Bryant v. State

599 So. 2d 1349, 1992 WL 102452

District Court of Appeal of Florida | Filed: May 15, 1992 | Docket: 1741422

Cited 3 times | Published

felonies to first degree felonies pursuant to Section 784.08(2), Florida Statutes, we vacate the sentences

Ortiz v. State

192 So. 3d 517, 2016 WL 1718845, 2016 Fla. App. LEXIS 6547

District Court of Appeal of Florida | Filed: Apr 29, 2016 | Docket: 60255362

Cited 1 times | Published

second degree to a felony of the first degree. § 784.08(2)(a). The State’s amended information against

Mickens v. State

138 So. 3d 595, 2014 Fla. App. LEXIS 6938, 2014 WL 1876153

District Court of Appeal of Florida | Filed: May 9, 2014 | Docket: 60240743

Cited 1 times | Published

offense of battery as to her male friend. See § 784.08(1). The problem in this case arose during the

Jones v. State

161 So. 3d 412, 2014 Fla. App. LEXIS 2376, 2014 WL 685128

District Court of Appeal of Florida | Filed: Feb 21, 2014 | Docket: 60247130

Cited 1 times | Published

battery on a victim sixty-five years or older. See § 784.08(2)(a), Fla. Stat. (1989). In a motion filed on

Cs Ex Rel. Das v. Tsp

82 So. 3d 1132

District Court of Appeal of Florida | Filed: Mar 7, 2012 | Docket: 2411441

Cited 1 times | Published

such person and serves no legitimate purpose." § 784.08(1)(a) (emphasis added); see Polanco v. Cordeiro

BONGE v. State

53 So. 3d 1231, 2011 Fla. App. LEXIS 1930, 2011 WL 522796

District Court of Appeal of Florida | Filed: Feb 16, 2011 | Docket: 2407065

Cited 1 times | Published

person 65 years of age or older, contrary to section 784.08(2)(c), Florida Statutes. This offense incorporates

Koszola v. State

47 So. 3d 332, 2010 Fla. App. LEXIS 15542, 2010 WL 3984609

District Court of Appeal of Florida | Filed: Oct 13, 2010 | Docket: 2553081

Cited 1 times | Published

conviction was pursuant to section 784.03(1), not section 784.08(1), Florida Statutes. The judgment and orders

Wright v. State

992 So. 2d 911, 2008 WL 4682599

District Court of Appeal of Florida | Filed: Oct 24, 2008 | Docket: 1723217

Cited 1 times | Published

reclassifies the offense level to a first-degree felony. § 784.08(2)(a). Furthermore, a defendant convicted of aggravated

Nelson v. State

987 So. 2d 1261, 2008 WL 3539527

District Court of Appeal of Florida | Filed: Aug 15, 2008 | Docket: 2521501

Cited 1 times | Published

sixty-five years old or older, pursuant to section 784.08(2)(c), Florida Statutes (2004). In State v

State v. Crews

884 So. 2d 1139, 2004 WL 2387080

District Court of Appeal of Florida | Filed: Oct 27, 2004 | Docket: 1281988

Cited 1 times | Published

sentence for any violation of this section."); § 784.08(1), (3), Fla. Stat. (2003) (requiring that person

DEPARTMENT OF CHILDREN AND FAMILIES v. DEBORAH KIRSHNER AND STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 2, 2024 | Docket: 68218534

Published

this order that DCF seeks certiorari 1 See § 784.08(2)(a), Fla. Stat. 2 Section 916.13(1) provides:

Reggie Eugene Allen v. State of Florida

Supreme Court of Florida | Filed: Sep 23, 2021 | Docket: 60416616

Published

would be misdemeanor battery on a younger adult. § 784.08(2)(c), Fla. Stat. (2020). The special protections

Reggie Eugene Allen v. State of Florida

Supreme Court of Florida | Filed: Sep 2, 2021 | Docket: 60333805

Published

would be misdemeanor battery on a younger adult. § 784.08(2)(c), Fla. Stat. (2020). The special protections

Fernandez v. State

263 So. 3d 224

District Court of Appeal of Florida | Filed: Jan 16, 2019 | Docket: 64702758

Published

hatred, spite, or evil intent), and holding that section 784.08(4) requires proof of legal malice); Fla. Std

Fernandez v. State

263 So. 3d 224

District Court of Appeal of Florida | Filed: Jan 16, 2019 | Docket: 64702759

Published

hatred, spite, or evil intent), and holding that section 784.08(4) requires proof of legal malice); Fla. Std

In Re: Standard Jury Instructions in Criminal Cases - Report 2017-11

Supreme Court of Florida | Filed: Dec 28, 2018 | Docket: 8498562

Published

reason to know the age of the victim, citing section 784.08(2), Florida Statutes (2018). 1. We

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-11.

260 So. 3d 930

Supreme Court of Florida | Filed: Dec 20, 2018 | Docket: 8439937

Published

reason to know the age of the victim, citing section 784.08(2), Florida Statutes (2018). Last, instruction

Jahman Whitfield v. State

202 So. 3d 456, 2016 Fla. App. LEXIS 16042

District Court of Appeal of Florida | Filed: Oct 28, 2016 | Docket: 4487125

Published

on a person sixty-five years of age or older. § 784.08(2), Fla. Stat. (2012). Both are third-degree felonies

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2015-06

195 So. 3d 356, 2016 WL 3450481

Supreme Court of Florida | Filed: Jun 23, 2016 | Docket: 3081761

Published

ASSAULT ON PERSON 65 YEARS OF AGE OR OLDER § 784.08(2)(b), Fla. Stat. To prove the crime of Aggravated

Ramroop v. State

174 So. 3d 584, 2015 Fla. App. LEXIS 13194, 2015 WL 5165545

District Court of Appeal of Florida | Filed: Sep 4, 2015 | Docket: 60250439

Published

battery on persons 65 years of age or older — section 784.08 — was previously interpreted by courts as requiring

McMichael v. State

152 So. 3d 821, 2014 WL 7009673

District Court of Appeal of Florida | Filed: Dec 12, 2014 | Docket: 2614425

Published

battery to a third-degree felony pursuant to section 784.08(2)(c), Florida Statutes (2006). Cf. Cochran

Crittenden v. State

137 So. 3d 1170, 2014 WL 1415189, 2014 Fla. App. LEXIS 5431

District Court of Appeal of Florida | Filed: Apr 14, 2014 | Docket: 60240206

Published

years or older at the time of the altercation. Section 784.08, Florida Statutes (2013), provides, in part:

Bradley v. State

106 So. 3d 530, 2013 Fla. App. LEXIS 2251, 2013 WL 514095

District Court of Appeal of Florida | Filed: Feb 13, 2013 | Docket: 60228271

Published

Intentionally causes bodily harm to another person. § 784.08(l)(a), Fla. Stat. (2010). In addition, the state

C.S. ex rel. D.A.S. v. T.S.P. ex rel. A.M.P.

82 So. 3d 1132, 2012 WL 716044, 2012 Fla. App. LEXIS 3541

District Court of Appeal of Florida | Filed: Mar 7, 2012 | Docket: 60306056

Published

such person and serves no legitimate purpose.” § 784.08(l)(a) (emphasis added); see Polanco v. Cordeiro

Cerny v. State

65 So. 3d 609, 2011 Fla. App. LEXIS 11407, 2011 WL 2936744

District Court of Appeal of Florida | Filed: Jul 22, 2011 | Docket: 2365998

Published

will or intentionally caused him bodily harm. See § 784.08(1), Fla. Stat. (2009). There was no such evidence

United States v. Smith

725 F. Supp. 2d 1336, 2010 U.S. Dist. LEXIS 72225, 2010 WL 2836616

District Court, M.D. Florida | Filed: Jul 19, 2010 | Docket: 96660

Published

person sixty-five years of age or older, Fla. Stat. § 784.08(2)(c). Additionally, a simple battery committed

Williams v. State

28 So. 3d 70, 2009 Fla. App. LEXIS 19492, 2009 WL 4604276

District Court of Appeal of Florida | Filed: Dec 8, 2009 | Docket: 1652537

Published

guidelines range. He bases his argument on section 784.08(1), Florida Statutes (1997), which states in

Wright v. State

13 So. 3d 520, 2009 Fla. App. LEXIS 7608, 2009 WL 1675856

District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 60237602

Published

a person sixty-five years of age or older. See § 784.08(2)(c), Fla. Stat. (2003) (reclassifying misdemeanor

Carew v. State

19 So. 3d 379, 2009 Fla. App. LEXIS 5906, 2009 WL 1424665

District Court of Appeal of Florida | Filed: May 22, 2009 | Docket: 60254603

Published

third-degree felony instead of a misdemeanor. See § 784.08(2)(c), Fla. Stat. (2006). At sentencing, Mr. Carew’s

C.B. v. State

979 So. 2d 391, 2008 Fla. App. LEXIS 5737

District Court of Appeal of Florida | Filed: Apr 18, 2008 | Docket: 64854610

Published

enhancement to the offense of battery under section 784.08(1), Florida Statutes (2006), by elevating the

State v. Blackburn

965 So. 2d 231, 2007 WL 2481016

District Court of Appeal of Florida | Filed: Sep 5, 2007 | Docket: 1509088

Published

language of section 784.08 to argue that the court erred in withholding adjudication. Section 784.08(2)(c)

Pena v. State

802 So. 2d 1154, 2001 Fla. App. LEXIS 16427, 2001 WL 1472271

District Court of Appeal of Florida | Filed: Nov 21, 2001 | Docket: 64811229

Published

PER CURIAM. Affirmed. See § 784.08, Fla. Stat. (1999).

Witt v. State

780 So. 2d 946, 2001 Fla. App. LEXIS 2033, 2001 WL 173218

District Court of Appeal of Florida | Filed: Feb 23, 2001 | Docket: 64804412

Published

legislature is cognizant of the scienter issue. In section 784.08, Florida Statutes, the legislature has provided

Henderson v. State

657 So. 2d 66, 1995 Fla. App. LEXIS 7345, 1995 WL 405280

District Court of Appeal of Florida | Filed: Jul 11, 1995 | Docket: 64757524

Published

PER CURIAM. Appellant was charged under section 784.08, Florida Statutes, with battery on a person aged

Williams v. State

618 So. 2d 367, 1993 Fla. App. LEXIS 5988, 1993 WL 169159

District Court of Appeal of Florida | Filed: May 21, 1993 | Docket: 64696272

Published

of 65. The minimum mandatory provisions of section 784.08, Florida Statutes, only apply to aggravated

Amendments to Florida Rules of Criminal Procedure

613 So. 2d 1307, 18 Fla. L. Weekly Supp. 113, 1993 Fla. LEXIS 172, 1993 WL 32299

Supreme Court of Florida | Filed: Feb 11, 1993 | Docket: 64694361

Published

E.g., ch. 92-50, § 1, Laws of Fla. (amending § 784.08(2), Fla.Stat., enhanced penalties for assault

Williams v. State

608 So. 2d 887, 1992 Fla. App. LEXIS 11327, 1992 WL 312848

District Court of Appeal of Florida | Filed: Nov 2, 1992 | Docket: 64692164

Published

of 65. The minimum mandatory provisions of section 784.08, Florida Statutes, only apply to aggravated

Cheng v. State

595 So. 2d 1098, 1992 Fla. App. LEXIS 3829, 1992 WL 55235

District Court of Appeal of Florida | Filed: Mar 25, 1992 | Docket: 64666126

Published

577 So.2d 971 (Fla. 4th DCA 1991) (upholding section 784.08(2), which so provides as to persons over 65)

Dillard v. State

544 So. 2d 329, 14 Fla. L. Weekly 1385, 1989 Fla. App. LEXIS 3191, 1989 WL 59489

District Court of Appeal of Florida | Filed: Jun 8, 1989 | Docket: 64642897

Published

Intentionally causes bodily harm to an individual. § 784.08(l)(a) and (b), Fla.Stat. (1987). There was no

Saunders v. State

405 So. 2d 1037, 1981 Fla. App. LEXIS 21588

District Court of Appeal of Florida | Filed: Nov 10, 1981 | Docket: 64586061

Published

for battery imposed in Count II. According to section 784.08(2), Florida Statutes (1979), battery is a misdemeanor