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

"Nicole Carlucci is an absolutely amazing attorney."
DIVORCE is one of the toughest things that you will ever experience in your life, especially when you have 4 young children involved. As a father fighting for 50% custody of my children this wasn't gonna be an easy task. Nicole Carlucci is an absolutely amazing attorney. Not only did she help me get 50% custody of my children, she absolutely destroyed the opposing attorney. They wanted 800$ a month child support, (I ended up paying 250$ a month) on 4 children. I would highly recommend Nicole Carlucci for any legal needs. Nicole Carlucci is always prepared & very professional.

- Paul R.
"Jonathan made us feel comfortable and confident that he would work diligently on our behalf."
The purpose of this letter is to express our appreciation for Jonathan Thacher's legal services associated with our daughter's case. Jonathan was and is always available for questions. If we left a message, he would always get back to us in a prompt fashion. It isn't easy to find such a capable lawyer who seems to be in the right job. He is caring and very attentive to us. No questions went unanswered. Jonathan made us feel comfortable and confident that he would work diligently on our behalf. In the end, we felt blessed that we had the right person to help us when we felt lost. I can't tell you how important it is to choose the right lawyers for your case. He certainly lifted a weight off our shoulder to know that Jonathan and the firm's staff were working for us and a good conclusion to our problem.

- Edward & Sondra A.
"Glad We Picked Porter!"
Jason and Gary have been a tremendous help and provided relief in a time of worry for my family. They kept us informed and went above and beyond for us! I will recommend this firm to everyone!

- Anonymous
"Jason and his staff were very professional."
100% success rate. I used Jason Porter's services two different times for a DUI charge. The first DUI case I never lost my license and he won the case. The second time it was a little more difficult because of the circumstances but we took it to trial and it seemed like an effortless victory. Jason and his staff were very professional and helpful through the entire process.I could not have asked for anything more. Thank you so much for everything.

- Jeremy T.
"He definitely knows his stuff and because of that, we were able to get a fair and reasonable outcome in the matter."
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.
"Nicole Carlucci is truly excellent in her profession."
Attorney Nicole Carlucci was exactly what I needed. I chose her because she is professional, compassionate and fair. She explained everything to me and was really looking out for my best interests. She made herself available to hear all my concerns and questions. Ms. Carlucci made me aware of points that needed to be addressed that I didn’t know about. I would not have been able to get what was needed without her. She went above and beyond which is why I’m recommending her. In addition, she continued to support me with additional needs after the fact. Nicole Carlucci is truly excellent in her profession.

- Melissa H.
"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.
"Jason is the most diligent attorney"
He went all out to help me and never gave up. I owe him all my thanks. He honestly cares and doesn't make you feel less than special.

- C.

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