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assault committed by an elderly person


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#1 Hyphened_Citizen

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Posted 28 October 2009 - 07:34 AM

Hi, I would like to know how the law in the state of Florida would deal with the following scenario. Please be as informative as possible.


Question: If an elderly male, above the age of 70, assaults a person, what can be legally done to this individual? Please reply to this initially before considering the additional information.


Additional information:


1. The male has cancer, heart problems, arthritis, and diabetes. Do any of these conditions favor the male whom assaulted a person? Do any of the above stated conditions disservice the male whom assaulted a person?


2. The male whom assaulted a person has had a history of verbal, mental, and physical violence. If any of these character traits from the male whom committed the assault can be proven, do they disservice towards the male whom committed the assault?


3. If the person whom the assaulter can not get away or dodge the assailants actions, does the person being assaulted have the right to fight back against the elderly male whom is 70+ in age?


4. Would police officers called to a scene where an elderly male has assaulted a person favor the elderly persons' side?


5. If the elderly person assaults someone whom he lives with, does the person whom was assaulted is escorted off the premises, or is the elderly male escorted off the premises?


6. If the elderly man is convicted of the assault crime, what is the given range of years/months the elderly person would have sentenced to? If this question has a range in years, please provide the range. If there are additional sentencing' for assault by and elderly person, please specific those sentences.


7. Are there any actions, which would find the person whom was assaulted by an elderly man, be convicted of?


Please clarify all parts of this scenario. In addition, if it is different for the elderly person whom who he assaults, please clarify that as well. This includes whether it is an assault against a child (17 of age and under), and adult (18 of age and older), if the assault was done to a male, was the assault done to a female. If the law is different for any of these, please clarify this.


Please consider each part when responding to this question. If it helps, please answer this question for each of its' separate parts.


Thank you all for your time, patience, and help with this matter. I look forward to reading the responses I get upon this matter.


 


 



#2 pg1067

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Posted 28 October 2009 - 08:00 AM

"If an elderly male, above the age of 70, assaults a person, what can be legally done to this individual?"


He can be arrested and criminally prosecuted.  Depending on the severity of the assault, he can be fined and/or jailed.


"The male has cancer, heart problems, arthritis, and diabetes. Do any of these conditions favor the male whom assaulted a person?"


None of that is relevant to guilt or the lack thereof.  It may be considered by the court in sentencing him if he is found guilty.


"Do any of the above stated conditions disservice the male whom assaulted a person?"


I have no idea what that means.  The word "disservice" makes no sense in the context of this question.


"If any of these character traits from the male whom committed the assault can be proven, do they disservice towards the male whom committed the assault?"


Evidence of bad character is inadmissible unless the defendant makes an issue of it by claiming that he couldn't have committed the crime charged because of his good character.


"If the person whom the assaulter can not get away or dodge the assailants actions, does the person being assaulted have the right to fight back against the elderly male whom is 70+ in age?"


The first independent clause of this sentence doesn't make much sense (in particular, are the "assaulter" and the "assailant" the same person or different persons?).  That said, there is a privilege to use reasonable force to defend oneself against an attack.


"Would police officers called to a scene where an elderly male has assaulted a person favor the elderly persons' side?"


We can't possibly know what unknown cops might do.


"If the elderly person assaults someone whom he lives with, does the person whom was assaulted is escorted off the premises"


Huh???


"or is the elderly male escorted off the premises?"


We can't possibly know what might happen based on an incomplete hypothetical.


"what is the given range of years/months the elderly person would have sentenced to?"


I don't know the particulars of Florida law, but simple assault probably isn't going to carry the possibility of more than a few months in jail.


"Are there any actions, which would find the person whom was assaulted by an elderly man, be convicted of?"


Huh???


"Please clarify all parts of this scenario."


It's your scenario, and it certainly is unclear in parts, but it's up to you to clarify it.



#3 Hyphened_Citizen

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Posted 28 October 2009 - 08:09 AM

By the word disservice, I used that word because it was an antonym to the word favor. I apologize for the confusion.


 


 



#4 Hyphened_Citizen

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Posted 28 October 2009 - 08:14 AM

I apologize for number 3 of the additional information. I was referring to the same person whom committed the assault in the first place.

#5 pg1067

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Posted 28 October 2009 - 08:36 AM

I guess what you were asking was whether the defendant's age and/or medical conditions would work in his favor.  As I think I mentioned, they are irrelevant to guilt or lack thereof, but a court may consider them in imposing sentence.  Also, as a practical matter, irrespective of the fact that those things are irrelevant to guilt, a jury might be swayed nonetheless, and a prosecutor might take that into account in deciding whether or not to file charges and in the context of plea bargaining.


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