Mother Accused of Battery on Person Over 65 & Violation of No Contact Order

The Charges

The Defendant was arrested for Battery on a Person 65 Years of Age or Older against her 72-year old husband. The Court issued a Pre-Trial Release Condition ordering her to have no contact with her husband. Defendant was arrested a second time for Battery and Violation of No Contact Order. Defendant sought professional counseling and reconciled with her spouse.

Pretrial Release Programs

A pre-trial release occurs when a person is released from jail while a criminal case is pending. There is typically a bond that is set. Every state will have their own pretrial release conditions. 

Pretrial release conditions in Florida may include travel restrictions. The defendant may also be assigned a person to supervise them, such as a family member. There could also be a requirement that the person return to custody after hours. The court could not have a contact order as a condition, or state there is to be no alcohol consumption. Another common condition is an ankle monitor. 

Battery on a Person 65 Years of Age or Older

Battery on a person 65 years of age or older is the intentional striking of a person who is 65 years or older. The state will need to prove that the person was 65 years or older, and that the defendant intentionally and unlawfully threatened by word or act to do violent things to the victim. They will also need to prove that the defendant had the ability to carry out the plan and that the victim had a well-founded fear that the violence would take place. 

A person can spend up to 5 years in prison if they are convicted of battery on a person 65 years of age or older. A fine of up to $5,000 will be classified as a felony in the third degree. 

Musca Law Firm

If you have been charged with battery on a person 65 years of age or older, Musca Law Firm wants to hear from you. We will take the time to listen to what happened from your point of view. We will also answer any questions you have about the incident or the charges. 

Our attorneys have over 150 years of collective experience. We will be able to put together a defense that is strong for you. We will also expose any weaknesses in the prosecution’s side. 

Our firm has extended night and weekend hours for your convenience. We offer a free consultation to make sure we are the right lawyer for your case. Musca Law serves the entire state of Florida and we have many offices in various cities, such as Orlando, Dayton Beach, New Port Richey, and Clearwater. Please call us today. We look forward to hearing from you. 

RESULT: The Attorney motioned the Court to Lift the No Contact Order. The Motion was granted; the State Attorney’s office issued a Nolle Pros, dismissing the charge of Battery against our Client. Our client is eligible to have her record expunged.