
Jacksonville Assault Lawyer
What is Assault in Florida?
Assault, typically paired with the crime of battery, is a criminal offense that involves threatening another individual or individuals. In an altercation between two or more people, the crime of “assault” refers to a (1) physical or verbal threat that can be reasonably carried out which (2) causes a person to fear for their immediate safety. By definition, the offense does not include physical contact. This means that if one person throws a punch aimed at another but missed, the aggressor may face assault charges. For clarification, if physical contact does occur, the crime can be charged as “battery”. An assault becomes “aggravated” when during the course of an offense, an aggressor makes use of a deadly weapon or intends to commit a felony.
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Assault can be committed as a crime in and of itself but is also frequently accompanied by other crimes or aggravating factors such as the presence of a deadly weapon or assault with battery. The penalties and the charges will differ drastically depending on the unique factors present in each case. If you were arrested and are now facing assault charges, speak with a Jacksonville assault attorney from our firm immediately.
Work with our dedicated and experienced Jacksonville assault attorney today to fight for your rights! Contact us today at (904) 701-0591!
Proving Self-Defense in Florida Assault Cases
For self-defense to be just that and not its own form of assault or battery, four requirements must be met during the altercation:
- Defender was legitimately threatened with unlawful harm by another.
- Attacker’s behavior was convincing enough to cause the defender to reasonably believe they were in danger.
- Defender did not attempt to provoke the attacker in any way.
- Defender did not have a safe opportunity to flee, retreat, or escape.
If all four of these conditions are met, the defender can use force or violence in return to protect themselves, to an extent. Self-defense claims must be “proportional” to the perceived or real threat. Force can be used to stop the attack and escape, but it cannot be used to exact revenge or inflict harm to the attacker after the threat has been resolved.
For example: John approaches Matt with his fists raised, an angry scowl on his face, and tells him he is going to attack him. Matt pulls a gun while John is still 100 feet away. At this point, if Matt tells John to stop while also attempting to retreat himself, it would constitute acceptable self-defense and not assault with a deadly weapon. If Matt pulls a gun and immediately fires, killing John before he has a chance to stop his attack, Matt could be charged with murder or manslaughter.
Find out what we can do for you. Contact a Jacksonville assault lawyer today! Pick Porter!™
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Serving Jacksonville, FL Since 2004
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Mr. Porter and his staff were wonderful. They treated me like family and did not stereotype me. They fought a long and hard case for me and got the best results! Now I'm skippin down the road with no worries, back to regular life!- Calvin W.
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If I could give 10 stars, I would. I was blessed to have selected first, from a long list of lawyers, Jason Porter. From our first meeting, Jason was kind, comforting, and non-judgmental. Jason and his team fought long and hard for me, and our outcome was as predicted, far better than I was expecting considering my initial circumstances. A heart felt Thank You to Jason, Jonathan, and Darlene.- S.H.
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Jason Porter is an excellent attorney. I'm very happy with the results. he saved me money and solved my problem.- John P.
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