Assault Serving Families Throughout Jacksonville For Over 25 Years

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.

Why People Choose Our Firm:

Representation backed by approximately 100 years of combined legal experience
Award-winning legal counsel
Free one-hour consultations
(**Consultation fees may apply to family law consultations.)
Personalized legal services
A proven track record of success

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!

Assault with a Deadly Weapon

Assault with a deadly weapon is considered aggravated assault. There are a few different types of aggravated assault recognized in Florida. A deadly weapon could be considered a gun, a knife or other types of objects used for the purpose of causing harm such as brass knuckles or explosives. Even unloaded guns can be considered deadly weapons. Under Florida law, any item which is capable of inflicting great bodily harm and is used in a way which causes a person to fear for their immediate safety may be classified as a deadly weapon. In this way, a heavy or steel toe boot that was swung at someone’s head may lead to charges of aggravated assault.

According to 784.021 of the Florida Statutes, aggravated assault is defined as "an assault:

a) with a deadly weapon without intent to kill; or

b) with intent to commit a felony."

Aggravated assault with the intent to commit a felony is considered a third-degree felony. As you can see, aggravated assault raises the charges from a second-degree misdemeanor up to a felony offense of the third degree.

Penalties for Assault: Misdemeanors & Felonies

Simple assault when charged as a second-degree misdemeanor is punishable as provided by 7775.082 or 775.083 of the Florida Statutes.

The penalties for second-degree misdemeanor assault are:

Maximum imprisonment of 60 days.
Maximum fine for simple assault is $500.

The penalties for a third-degree felony, according to the Florida Statutes, are:

Maximum imprisonment of five years.
Fines up to $5,000.
The potential to be considered as a habitual felony offender.

If the aggravated assault was committed and the defendant had prior felonies on their record, then they may be sentenced to ten years in prison according to Florida Statute 775.084.

If you are facing an assault charge, you need criminal defense representation no matter what your circumstances. You may have prior offenses, you may have been charged with aggravated assault or you may have no prior experience with the criminal justice system. Call our experienced Jacksonville assault attorneys today.

Continue Reading Read Less

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!™

A Guided, Hands-On Approach
Step-by-Step Guidance for Any Legal Matter
A Compassionate Team
Your Story Matters - We're Here to Listen
Extensive Experience
Approximately 100 Years of Combined Legal Experience On Your Side
Award-Winning Counsel
Top-Rated Ethics & Legal Skill – AV Preeminent® Rating
Trusted & Recommended
Trusted by the Media & Recommended by Our Clients
Top-Rated Attorneys
Top-Rated Personal Injury, DUI, & Criminal Defense Lawyer

Hear From Our Happy Clients

Serving Jacksonville, FL Since 2004

"I can’t thank him enough and highly recommend him!"
He represented me on a VOP case this year. HE, I and the prosecutor knew it was some bull basically. I was a week away from completing my 10 yrs of probation when they tried to Violate me. Mr porter told me before I even made him my lawyer that he would get this case handled in my favor and that’s exactly what he did ! And got it done in a reasonable time without me having to travel back to Florida being that I was living in NJ ! I can’t thank him enough and highly recommend him!

- L.H.
"Thanks again"
Mr Porter is a very good guy! Gave me some great advice and Told me to save my money. Which is a first for me! Thanks again.

- E.S.
"They went out of their way to help"
It was a great experience working with them. They went out of their way to help

- J.C.
"If I could give 10 stars, I would"
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.
"They were very kind and extremely knowledgeable AND patient."
Just wanted to say thank you to Attorney Carlucci and paralegal Ms. Rasulova. They were very kind and extremely knowledgeable AND patient. Hopefully I will not need an Attorney in the future, BUT if I do it will be Pick Porter.

- M
"Jason answered all my emails and phone calls."
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
"This firm is head and shoulders above anyone."
I met Jason 13 years ago in a case I had. He wasn't my first choice of lawyer originally. Our original lawyer was unable to perform the task needed at the time. Jason took our case over and worked his magic in the courtroom. People, the is no substitute for a court case. This firm is head and shoulders above anyone. If you want to go generic with your cereal that's fine. You can buy Fruit Rings instead of Froot Loops. But when choosing an attorney and your life is on the line, go with this firm. You get what you pay for. And by Picking Porter, you get so much more. Since then my entire family has used this firm for random cases. All of which we have prevailed. Most recently, Chris Craun family law attorney has helped us win yet another case. His outstanding outlook and attention to the details and knowledge of the law was the difference. Chris comes from this same tree. They know people and the law. Do not mess up by acquiring sub-par representation. You should pick Porter before your counterpart does!!!

- Ken O.
"He is our family attorney forever."
There are times when you may need unforeseen legal assistance and your scared and don't have a clue if youre making the right choice. The decision is not an easy one when it's based on your family and life. You worry if they have your best interest at heart, if they know enough, if they know the right people and it's very emotional & confusing. Ten years ago my family was faced with the worst nightmare any mother could ever imagine & I prayed to God to make the right decision and I did. Meeting Jason Porter & his assistant Darlene C. (she's been with him longer than that), was the best in my life in my family's life. Jason doesn't have a big office turn around, in fact I have watched his office grow to the success it is today. His staff stays because they know they are with a terrific guy & great attorney. I can go on and on and mean every word from the bottom of my heart but the are truly no words to describe the great outcomes he has had for 2 of my sons on separate occasions. Unfortunately, we don't live in a society anymore where "boys will be boys". There are way too many laws and not enough of societal morality (due to a change of the times). Boys may get in trouble, they did get in trouble but with their unfortunate choices, my choice was the better in retaining Jason and his law firm. He is our family attorney forever.

- Anonymous

Read Reviews

Pick Porter!™ Today

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

*Motorcycle accident - $2,835,000
$1,502,500 Premises Liability - $1,502,500
Bodily Injury Claim
*Wrongful Death - $1,000,000
Settled *Estate of Fred Fedorka
Largest settlement ever against Volusia County.
*Medical Malpractice - $500,000

View All Results