Fla. Stat. 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:In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.In the case of aggravated assault, from a felony of the third degree to a felony of the second degree.In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.

(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.

Source: Section 784.08 — Assault or battery on persons 65 years of age or older; reclassification of offenses; minimum sentence, https://www.­flsenate.­gov/Laws/Statutes/2024/0784.­08 (accessed Aug. 7, 2025).

784.03
Battery 784.05
Culpable negligence 784.07
Assault or battery of law enforcement officers and other specified personnel 784.08
Assault or battery on persons 65 years of age or older 784.011
Assault 784.021
Aggravated assault 784.031
Battery by strangulation 784.041
Felony battery 784.045
Aggravated battery 784.046
Action by victim of repeat violence, sexual violence, or dating violence for protective injunction 784.047
Penalties for violating protective injunction against violators 784.048
Stalking 784.049
Sexual cyberharassment 784.062
Misuse of laser lighting devices 784.071
Assault or battery on a law enforcement officer 784.074
Assault or battery on sexually violent predators detention or commitment facility staff 784.075
Battery on detention or commitment facility staff or a juvenile probation officer 784.076
Battery on health services personnel 784.078
Battery of facility employee by throwing, tossing, or expelling certain fluids or materials 784.081
Assault or battery on specified officials or employees 784.082
Assault or battery by a person who is being detained in a prison, jail, or other detention facility upon visitor or other detainee 784.083
Assault or battery on code inspectors 784.085
Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials 784.086
Reproductive battery 784.0485
Stalking 784.0487
Violation of an injunction for protection against stalking or cyberstalking 784.0493
Harassment or intimidation based on religious or ethnic heritage 784.0495
Mob intimidation

Current through Fall 2025

§ 784.08. Assault or battery on persons 65 years of age or older; reclassification of offenses; minimum sentence's source at flsenate​.gov