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Florida criminal charge

Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties in Florida

Current through 2026 Florida legislative session

Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties is a criminal offense under Florida law, defined by Fla. Stat. § 825.102. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by Fla. Stat. § 825.102.

What is the penalty for abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties in Florida?

Penalties for Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties
PenaltyRangeBasisAuthority
Jail / prisonup to 5 years (Abuse of an elderly person or disabled adult (no great bodily harm) — A person knowingly or willfully abuses an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement.)discretionaryFla. Stat. § 775.082
Fineup to $5,000 (Abuse of an elderly person or disabled adult (no great bodily harm) — A person knowingly or willfully abuses an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g)))discretionaryFla. Stat. § 775.082
Jail / prisonup to 30 years (Aggravated abuse of an elderly person or disabled adult — A person commits aggravated battery, willfully tortures/maliciously punishes/unlawfully cages, or knowingly/willfully abuses causing great bodily harm, permanent disability, or permanent disfigurement to an elderly person or disabled adult.; when specifically provided by statute, a term of years not exceeding life imprisonment (s. 775.082(3)(b)1.))discretionaryFla. Stat. § 775.082
Fineup to $10,000 (Aggravated abuse of an elderly person or disabled adult — A person commits aggravated battery, willfully tortures/maliciously punishes/unlawfully cages, or knowingly/willfully abuses causing great bodily harm, permanent disability, or permanent disfigurement to an elderly person or disabled adult.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g)))discretionaryFla. Stat. § 775.082
Jail / prisonup to 15 years (Neglect of an elderly person or disabled adult (causing great bodily harm) — A person willfully or by culpable negligence neglects an elderly person or disabled adult and causes great bodily harm, permanent disability, or permanent disfigurement.)discretionaryFla. Stat. § 775.082
Fineup to $10,000 (Neglect of an elderly person or disabled adult (causing great bodily harm) — A person willfully or by culpable negligence neglects an elderly person or disabled adult and causes great bodily harm, permanent disability, or permanent disfigurement.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g)))discretionaryFla. Stat. § 775.082
Jail / prisonup to 5 years (Neglect of an elderly person or disabled adult (no great bodily harm) — A person willfully or by culpable negligence neglects an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement.)discretionaryFla. Stat. § 775.082
Fineup to $5,000 (Neglect of an elderly person or disabled adult (no great bodily harm) — A person willfully or by culpable negligence neglects an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g)))discretionaryFla. Stat. § 775.082

Applies to current (2025 Florida Statutes).

How is abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties classified in Florida?

The classification depends on the circumstances:

Classification variants for Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties
VariantClassificationWhen it appliesStatute
Abuse of an elderly person or disabled adult (no great bodily harm)Felony of the Third DegreeA person knowingly or willfully abuses an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement.Fla. Stat. § 825.102(1)
Aggravated abuse of an elderly person or disabled adultFelony of the First DegreeA person commits aggravated battery, willfully tortures/maliciously punishes/unlawfully cages, or knowingly/willfully abuses causing great bodily harm, permanent disability, or permanent disfigurement to an elderly person or disabled adult.Fla. Stat. § 825.102(2)
Neglect of an elderly person or disabled adult (causing great bodily harm)Felony of the Second DegreeA person willfully or by culpable negligence neglects an elderly person or disabled adult and causes great bodily harm, permanent disability, or permanent disfigurement.Fla. Stat. § 825.102(3)(b)
Neglect of an elderly person or disabled adult (no great bodily harm)Felony of the Third DegreeA person willfully or by culpable negligence neglects an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement.Fla. Stat. § 825.102(3)(c)

Common questions about abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties in Florida

Is abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties a felony or a misdemeanor in Florida?

It depends on the circumstances: abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties ranges from a Felony of the Third Degree to a Felony of the First Degree in Florida under Fla. Stat. § 825.102.

Abuse of an elderly person or disabled adult (no great bodily harm): Felony of the Third Degree (Fla. Stat. § 825.102(1)) · Aggravated abuse of an elderly person or disabled adult: Felony of the First Degree (Fla. Stat. § 825.102(2)) · Neglect of an elderly person or disabled adult (causing great bodily harm): Felony of the Second Degree (Fla. Stat. § 825.102(3)(b)) · Neglect of an elderly person or disabled adult (no great bodily harm): Felony of the Third Degree (Fla. Stat. § 825.102(3)(c))

What are the penalties for abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties in Florida?

Penalties for abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties in Florida depend on how it is classified — from a Felony of the Third Degree up to a Felony of the First Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.

Which Florida statute covers abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties?

Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties is governed by Fla. Stat. § 825.102 (Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.