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breamfisher wrote: »
To me that goes more towards a disparity of force and ability than upgrading a misdemeanor to a felony because of someone's age. Note that the age of the victim is all that matters. If a 22, 42, 62, or 68 year old hits a 70 year old, they both can be guilty of "battery on a person 65 or older" and get upgraded sentence.
Tugar wrote: »
He now faces charges of aggravated battery with a deadly weapon, possession of a weapon by a convicted felon and battery on a person 65 or older.
Umm...is the charge lesser if the victim is younger?
JasonMPD wrote: »
Yes. Agg battery is a Class-2 Felony and doing so on a senior citizen (or child under 13 or a pregnant woman or a disabled person) bumps it up to a Class-1. And has a minimum mandatory sentence of 3 years incarceration.
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