Florida Statutes

Fla. Stat. § 784.08 (2025)

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

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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.

Arrestable Offenses under F.S. 784.08

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§784.08ASSAULTREMOVEDU

§784.08(2a)AGGRAV BATTERYAGG BATTERY ON PERSON 65+ YOAF · 1st

§784.08(2b)ASSAULTAGG ASSAULT ON PERSON 65 YOA OR OLDERF · 2nd

§784.08(2c)BATTERYBATTERY ON PERSON 65+ YOAF · 3rd

§784.08(2d)SIMPLE ASSLTASSAULT ON PERSON 65+ YOAM · 1st

Notes of Decisions

Cited in 56 cases (3 in the last 5 years), 1981–2024 · leading case: Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002).

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Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002). · cites it 2× “1998), to add minimum mandatory terms for assault and battery on certain public employees; section 5 adds a minimum mandatory term for a conviction of assault or battery on a person sixty-five years of age or older under section 784.08, Florida Statutes (1997); section 9, which…”

Stand. Jury Instructions in Crim. Cases, 697 So. 2d 84 (Fla. 1997). · cites it 4× “*93 (9) AGGRAVATED BATTERY ON PERSON 65 YEARS OF AGE OR OLDER F.S. 784.08(2)(a) [New] Before you can find the defendant guilty of aggravated battery of a person 65 years of age or older, the state must prove the following three elements beyond a reasonable doubt.”

Bryant v. State, 599 So. 2d 1349 (Fla. 1st DCA 1992). · cites it 17× “13(2)(a) and two counts of aggravated battery upon an elderly person in violation of § 784.08. The evidence at trial revealed that on June 17, 1990, the appellant struck Cecil Jones on the head with a pool cue as Jones exited his car in his carport.”

Smith v. State, 650 So. 2d 689 (Fla. 3d DCA 1995). · cites it 8× “See § 784.08(2)(c), Fla. Stat. (Supp. 1992). It is axiomatic, however, that the retroactive application of the amendment to this offense would be violative of the ex post facto prohibition.”

Hamrick v. State, 648 So. 2d 274 (Fla. 4th DCA 1995). · cites it 4× “NOTES [1] Section 784.08, Florida Statutes (1991), provides for a reclassification of offenses when the victim of an assault or battery is 65 years of age or older.”

Gordon v. State, 603 So. 2d 512 (Fla. 1st DCA 1992). · cites it 9× “The information in Bryant charged him with violating section 784.08 by intentionally committing the aggravated batteries and knowingly causing the victims great bodily harm, and stated that his victims were over 65, but did not allege that he knew his victims were over 65.”

Stand. Jury Inst. in Cr. Cases No. 2006-2, 962 So. 2d 310 (Fla. 2007). · cites it 2× “14 AGGRAVATED BATTERY ON PERSON 65 YEARS OF AGE OR OLDER § 784.08(2)(a), Fla. Stat. To prove the crime of Aggravated Battery on a Person 65 Years of Age or Older, the State must prove the following *319 three elements beyond a reasonable doubt.”

Franklin v. State, 887 So. 2d 1063 (Fla. 2004). “Section 5: amends section 784.08 to provide a mandatory minimum sentence for aggravated assault on a person 65 years or older and for aggravated battery on a person 65 years or older.”

Jaimes v. State, 51 So. 3d 445 (Fla. 2010). “To convict Jaimes of aggra- *452 voted battery, the jury was required to find, first, that Jaimes had committed each element of simple battery under section 784.08, and second, that Jaimes had committed the battery by using a deadly weapon.”

In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-05, 131 So. 3d 755 (Fla. 2013). · cites it 2× “(Defendant) intentionally and unlawfully threatened, either by word or act, to do violence to (victim).”

Hollingsworth v. State, 632 So. 2d 176 (Fla. 5th DCA 1994). · cites it 2× “[2] § 784.08, Fla. Stat. (1991). [3] § 812.014(1) & (2)(d), Fla.”

BONGE v. State, 53 So. 3d 1231 (Fla. 1st DCA 2011). · cites it 4× “Section 784.08, which proscribes battery on a person 65 years of age or older, incorporates the definition of battery contained in section 784.”

Show all 56 citing cases →

— 784.08(1) — 10 cases

Bryant v. State, 599 So. 2d 1349 (Fla. 1st DCA 1992). “13(2)(a) and two counts of aggravated battery upon an elderly person in violation of § 784.08. The evidence at trial revealed that on June 17, 1990, the appellant struck Cecil Jones on the head with a pool cue as Jones exited his car in his carport.”

Gordon v. State, 603 So. 2d 512 (Fla. 1st DCA 1992). “The information in Bryant charged him with violating section 784.08 by intentionally committing the aggravated batteries and knowingly causing the victims great bodily harm, and stated that his victims were over 65, but did not allege that he knew his victims were over 65.”

Cerny v. State, 65 So. 3d 609 (Fla. 2d DCA 2011).

Witt v. State, 780 So. 2d 946 (Fla. 5th DCA 2001).

State v. Crews, 884 So. 2d 1139 (Fla. 2d DCA 2004).

— 784.08(1)(a) — 1 case

Cs Ex Rel. Das v. Tsp, 82 So. 3d 1132 (Fla. 2d DCA 2012).

— 784.08(2) — 13 cases

State v. Nelson, 577 So. 2d 971 (Fla. 4th DCA 1991).

Hamrick v. State, 648 So. 2d 274 (Fla. 4th DCA 1995). “NOTES [1] Section 784.08, Florida Statutes (1991), provides for a reclassification of offenses when the victim of an assault or battery is 65 years of age or older.”

Ramroop v. State, 174 So. 3d 584 (Fla. 5th DCA 2015).

— 784.08(2)(a) — 7 cases

Stand. Jury Inst. in Cr. Cases No. 2006-2, 962 So. 2d 310 (Fla. 2007). “14 AGGRAVATED BATTERY ON PERSON 65 YEARS OF AGE OR OLDER § 784.08(2)(a), Fla. Stat. To prove the crime of Aggravated Battery on a Person 65 Years of Age or Older, the State must prove the following *319 three elements beyond a reasonable doubt.”

Stand. Jury Instructions in Crim. Cases, 697 So. 2d 84 (Fla. 1997). “*93 (9) AGGRAVATED BATTERY ON PERSON 65 YEARS OF AGE OR OLDER F.S. 784.08(2)(a) [New] Before you can find the defendant guilty of aggravated battery of a person 65 years of age or older, the state must prove the following three elements beyond a reasonable doubt.”

Williams v. Sec'y for the Dep't of Corr., 395 F. App'x 524 (11th Cir. 2010).

Jones v. State, 161 So. 3d 412 (Fla. 2d DCA 2014).

— 784.08(2)(b) — 4 cases

In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-05, 131 So. 3d 755 (Fla. 2013). “(Defendant) intentionally and unlawfully threatened, either by word or act, to do violence to (victim).”

In Re Stand. Jury Instructions in Crim. Cases-report No. 2015-06, 195 So. 3d 356 (Fla. 2016).

McMichael v. State, 152 So. 3d 821 (Fla. 2d DCA 2014).

— 784.08(2)(c) — 15 cases

Smith v. State, 650 So. 2d 689 (Fla. 3d DCA 1995). “See § 784.08(2)(c), Fla. Stat. (Supp. 1992). It is axiomatic, however, that the retroactive application of the amendment to this offense would be violative of the ex post facto prohibition.”

Cochran v. State, 622 So. 2d 166 (Fla. 2d DCA 1993).

BONGE v. State, 53 So. 3d 1231 (Fla. 1st DCA 2011). “Section 784.08, which proscribes battery on a person 65 years of age or older, incorporates the definition of battery contained in section 784.”

Nelson v. State, 987 So. 2d 1261 (Fla. 5th DCA 2008).

— 784.08(2)(d) — 1 case

— 784.08(3) — 1 case

State v. Blackburn, 965 So. 2d 231 (Fla. 4th DCA 2007).

— 784.08(4) — 2 cases

Fernandez v. State, 263 So. 3d 224 (Fla. 3d DCA 2019).

— 784.08(l)(a) — 3 cases

C.S. ex rel. D.A.S. v. T.S.P. ex rel. A.M.P., 82 So. 3d 1132 (Fla. 2d DCA 2012).

Dillard v. State, 544 So. 2d 329 (Fla. 5th DCA 1989).

Bradley v. State, 106 So. 3d 530 (Fla. 4th DCA 2013).

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