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Arrested for assault? Reach out to a Jacksonville assault lawyer at Problems? Pick Porter!™ as soon as possible to discuss your legal rights and options. Our experienced criminal defense attorneys are prepared to build the strongest case possible in your defense.
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 misses, 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.
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 that is capable of inflicting great bodily harm and is used in a way that causes a person to fear for their immediate safety may be classified as a deadly weapon. In this way, a heavy or steel-toed boot that was swung at someone’s head may lead to charges of aggravated assault.
According to Florida Statutes § 784.021, 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.
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:
The penalties for a third-degree felony, according to the Florida Statutes, are:
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.
You are probably anxious to get the penalties of assault behind you and resume your life and career. However, you should know that some penalties are not incorporated into the Florida Statutes; they are additional consequences of an assault conviction.
You could lose your right to own a firearm and vote. If you are looking for an apartment, the rental agent will easily find your conviction and can make a negative decision based on it. If you are looking for a job, a prospective employer can weigh whether a potentially violent crime will affect your job performance and your ability to work with others. If you hold a professional license, you could face suspension or other sanctions, and lenders may deny you a loan due to a conviction.
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.
Along with the advantages of experience and a record of successful litigation, our attorneys bring that hometown touch to your defense. We understand what each judge is looking for, and we know our way around Jacksonville courts. We have cordial and respectful relationships with the State’s Attorney and the Assistant State’s Attorneys, which is a clear advantage over any lawyer, no matter how famous, showing up and trying to navigate the local scene.
Once you are arrested for assault and transported to the Duval County Jail, officers will fingerprint and photograph you, search you, relieve you of your personal belongings, including your cell phone, and collect your personal information. If you are carrying a weapon that the police think may have been used to commit the assault, it will be entered into evidence. You will be escorted to a holding cell for up to 24 hours, the time limit for your first appearance before the presiding judge. You may be able to contact your family, and you are entitled to an attorney before you are questioned by officers and before your first appearance at arraignment, where you will enter a plea, and the judge can determine bail.
Discovery, in which the opposing parties seek evidence, is part of pre-trial activity, including hearings to share findings, file motions, and negotiate alternate solutions.
If your case is not dismissed or a plea is not accepted, you will go to trial for a jury to determine your fate. You will be released immediately if the jury finds you not guilty, or face a sentencing hearing within 90 days of the trial.
Just because you are charged with assault does not mean you have no options. You are entitled to a defense by an experienced and credible assault attorney in Jacksonville. Some effective defenses include:
Never leave your future to chance. The attorneys from the Law Offices of Jason K.S. Porter, P.A., know how to help you.
Work with our dedicated and experienced Jacksonville assault attorney today to fight for your rights! Contact us today at (904) 858-3211!
For self-defense to be just that and not its own form of assault or battery, four requirements must be met during the altercation:
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 on 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.
Assault in Florida is an intentional threat to commit a violent act against another, with the ability to do it, while battery is actually and intentionally carrying out the threat of violence.
Yes, but only the prosecutor can drop them, often because evidence does not support the charge, or the victim recants and tells a different story.
Hiring a lawyer for any criminal charge is your best move because what you don’t know can hurt you. An attorney may be able to get your charges dismissed or expunged if you do not have a criminal record, and may be able to appear for you in court.
Find out what we can do for you. Contact a Jacksonville assault lawyer today! Pick Porter!™
(904) 858-3211