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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It was a great experience working with them. They went out of their way to help- J.C.
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I'd been accused of something I did not do. My situation was a total nightmare. I consulted with Attorney Porter and he assured me that my tough situation could be handled. Attorney Gary Shumar tirelessly worked my case, while showing patience and empathy when I felt frustrated. Needless to say, my charges were dropped. I highly recommend this firm.- Nikki
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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 wife and I would like to thank Jason K.S Porter and his staff, I was accuse of a crime. From the initial consultation to the end of the case the Porter firm was there to answer all my questions. I was told what to expect, everything was accurate. Thanks to the Porter firm all charges was drop. I will always be grateful, I will recommend this excellent, hardworking law firm to anyone who has a criminal issue that needs to be resolve. Thank you so much.- S.W.
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Jason and his firm came highly recommended by my family member. My son's case would have eventually ended up with negative consequences if not for Jonathan Thatcher. Jonathan was supportive, knowledgeable and kept us informed at all stages of the case. Great firm and appreciate all your hard work in the success of my son's case. I would use this firm again and again.- Kim J.
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My divorce litigated for close to two years as it was highly contentious and involved more complexities. Ms. Carlucci did a wonderful job of helping me understand and navigate the legal system. Ms. Carlucci set realistic expectations and was willing to listen to my concerns, questions, and thoughts. Divorce can be a very grueling and hard process. Ms. Carlucci provides great support and promotes collaboration with her clients.
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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.