
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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I am so happy and grateful that I picked Porter!! Jonathan Thacher made me feel like I had someone on my side from beginning to end. He told me he would fight for me, and I am thrilled to say he did just that! I was always able to reach him, and he made sure to reach out to me as well...and that means a lot. I highly recommend The Porter Law Firm to any and everyone who needs legal help! They will fight for you!!! I can say, without a doubt, they have been my "Dream Team" and if I ever need any kind of legal help, I will be calling them again!!!- Lindsi W.
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Mr. Jason Porter was very professional and detailed throughout the entire process. He was always available for any questions and if he wasn't sure about something, he would provide a quick turnaround time with the follow-up answer. He definitely knows his stuff and because of that, we were able to get a fair and reasonable outcome in the matter. His staff was very nice and professional as well. I would definitely refer anyone to him. Thanks again, Mr. Porter!!!- Humeshia B.
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My legal team of Ms. Carlucci and Ms. Chadwell were very thorough and effective! They were always there to help and answer any questions I had. They have also been great in helping me figure out financial payments to render their services!- T.P.
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When our teen son made a poor choice and could have been facing a criminal charge, we contacted Attorney Jason Porter. Mr. Porter was not only professional, experienced and confident, he was also compassionate and understanding. His connections with the community, strong negotiating skills and empathy allowed for the best results possible for our son. Five Stars for Law Offices of Jason K.S. Porter, P.A.- D.A.
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Mr. Porter and his staff are fantastic. They clearly explained the charges, potential outcomes and estimated timelines. They worked closely with me to tailor their services to my unique situation. The entire team demonstrated extensive knowledge of the law, flexibility, and responsiveness. These qualities helped put my mind at ease until they were able to get all charges against me dropped. I would highly recommend this law firm.- P.B.
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Retain them you’re in great hands! They will get the job done. Got my case dismissed. Will definitely use them in the future if need be.- T.R.
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It was a great experience working with them. They went out of their way to help- J.C.
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There is nothing like the fear and uncertainty the legal system brings to keep you up at night, especially when it involves your child. For this reason selecting an attorney was one of the most daunting and important decisions I made; after much research that’s why I chose Jason Porter. Throughout the legal process Jason answered all my emails and phone calls, he figuratively provided the hand holding my son and mostly I needed to be reassured the outcome would be in our favor. Needless to say the outcome was in our favor and I could not have been more pleased with Jason’s service. I was so pleased with Jason’s professionalism and legal savvy that I asked if he practices law outside of criminal defense, so I could use his services for all my legal needs. He will always receive my business in the future.- Anonymous
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