
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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Attorney Nichole Carlucci was great to work with and her paralegal Ashley Chadwell was awesome! Highly recommend this team!- M.F.
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Franz Bastien I am speechless- P.E.
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I haven't had a lot of legal problems in my life but enough to truly evaluate my attorneys. By far Jason Porter makes you feel like you are his only client. He knows the law and the legal loop holes. To boot he is a heck of a nice guy. You can trust him with your life. You feel that he loves his work and really cares about you. You couldn't find a better lawyer anywhere.- Ed W.
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I was treated with the utmost respect and graciousness. I was always kept informed and if I ever had a question or needed anything the staff was amazing at assisting me.- F.S.
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Mr. Porter and his staff do an incredible job! I would strongly recommend Mr. Porter, he is very easy to work with and does everything he can to help you in your situation.- N.B.
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This is my personal experience with Jason porter. I was in need of an attorney. I didn't have a clue on where to go...who to call . or even if they would take the time to listen to my case. Jason porter was extra observative Very calm .. cool.. and collective. Very laid back . But don't let that fool ya. He's a very good attorney. He took our case and since the 1st visit he has lived up to everything he said he could do. Since every case is different. I truly feel as if he took our case personal This is so rare to see in attorneys nowdays Having a attorney that puts aside the so called business mentality to put people first is what I received even tho our case was small I'm sure there will be someone with a need for a attorney and I'm not some rich guy . I live paycheck to paycheck every week but I was treated like royalty respect . And I felt like my case was important I will never forget what he done with my case and the personal decision he made at the end that showed me beyond a doupt that Jason porter is a attorney on our side . Fighting for the clients not a paycheck . not afraid to stand up n fight and never break a sweat his cool demeanor breaks it all down so it's very understanding ... I can't tell you who to call for your attorney but if u read this. then u need to stick with Jason . I'm sure you'll love him and I'm sure you'll be happy Thanx again Jason porter you won my vote for attorney of the year 2015 and I hope I can help someone with there decision on choosing an attorney With Jason's law firm you won't go wrong- Tyron B.
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