Simmons first suspect in Genesee County charged under 2008 'elder abuse' law

Jacquetta B. Simmons is the first person in Genesee County to be prosecuted under a law passed by the State Legislature in 2008 making it a Class D felony to assault and cause injury to a person 65 or older.

The legislation, called "The Granny Law" and sponsored by Speaker Sheldon Silver, was passed in response to a series of violent attacks on elderly people in New York City, including the violent mugging of a 101-year-old woman, Rose Morat, of Brooklyn.

Gov. David Paterson signed the legislation into law as part of a package of laws protecting seniors from "elder abuse," both physical crimes and scams.

As a felony, defendants charged under the subdivision of assault in the second degree face a possible state prison term of anywhere from 2 to 7 years, but, unlike higher-level violent felonies, a state prison term is not mandatory for a Class D violent felony.

That will leave room for a plea deal for Simmons, but the case is still very early in the process and District Attorney Lawrence Friedman said his office hasn't had the opportunity to review the evidence yet.

The case will eventually move from Town of Batavia Court to Genesee County Court. But before that happens, there needs to be either a waiver of a grand jury presentation or the case must be presented to the grand jury.

"We haven't received the case yet," Friedman said. "The next step is we get the file and review the evidence."

Based on a review of the evidence and the circumstances of the case, Friedman's office will determine how to proceed with the case.

Simmons is scheduled to reappear in town court Jan. 23.

The 2008 law will make the case somewhat easier to prosecute, Friedman said.

In a situation such as this, in order to sustain a charge of assault in the second degree, prosecutors were previously required to prove "serious physical injury." But the 65-or-older charge requires only that the prosecution prove that the suspect intentionally caused "physical injury" to a victim who is at least 65 years old and that the suspect is more than 10 years younger than the victim.

"We're grateful that this newer charge is there for a situation like this," Friedman said. "It gives us an advantage. We don't have to establish serious physical injury just physical injury. That lessens our burden."