An attack on elderly should always be considered attempted murder.
And since the law is in place, though I think it is a stupid law, in addition to attempted murder it is a Hate Crime.
Why do I say it is a stupid law, I am not sure it has been attempted yet, but Hate it could be argued is a claim of insanity, in addition it could be argued after sentencing that the the killer was in fact the victim and has since been cured and should be released.
That may sound crazy, but these laws are being passed by crazy people, who think common sense has no place in determining legal parameters, the claim of insanity is in and of itself insane.