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 highly recommend Mr. Porter and his team"
I am incredibly grateful to Mr. Porter and his team for their exceptional work. Within just a month, they were able to resolve my case, proving that there had been a mistake. Their expertise, dedication, and quick action made all the difference. I highly recommend Mr. Porter and his team to anyone in need of top-notch legal representation.

- M.D.
"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.
"I would recommend them to anyone!"
Thank you to Nicole Carlucci and Ashley Chadwell for guiding me through my case. I would recommend them to anyone!

- M.F.
"I love this law firm..."
Hi my name is Nina and I am writing this review for the public to know that Marlene Hordkin she is an excellent attorney she will go to bat for you. She is compassionate , intelligent , has morals and values she will go the distance to see that your voice is heard and that your case is presented clearly before a judge and that all the evidence is brought into light. Mrs. Hordkin is an amazing woman and an attorney and if you ever need help I suggest that you call her immediately. I want to personally thank you again Marlene you are amazing and the world needs more like you. God bless you!

- Nina B.
"They were honest, personable, reasonable, and effective."
I retained The Law Offices of Jason K.S. Porter, P.A. a few years back. They were honest, personable, reasonable, and effective. I would recommend a consultation for any legal matter. If it is out of their field of expertise, they will advise you of that as well.

- Lido B.
"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 for everything."
Jason Porter and his firm were great. From the beginning to the end they helped me with all my needs and fought for me. Thank you!

- Anonymous
"I will definitely be using them again if I ever need to!"
First off let me say how much I love this law firm!!! My boyfriend was referred by a friend and I'm glad we listened! This was the first time we ever needed a lawyer and Richard Watson was INCREDIBLE! He knows his stuff and he doesn't settle for anything less than what we deserved! We loved talking to Bonnie when we called she was always so cheerful and helpful! I recommend YOU to choose this office!!!!!! I promise you won't be disappointed !!!! I will definitely be using them again if I ever need to!

- Sara B.

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