Jacksonville Assault Lawyer
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.
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 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.
Work with our dedicated and experienced Jacksonville assault attorney today to fight for your rights! Contact us today at (904) 701-0591!
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Meet Your Team
Over 100 Years of Combined Experience Handling Personal Injury, Criminal Defense, DUI, and Family Law Related Matters.
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Jason K.S. PorterFounding AttorneyRead BioJason K.S. Porter, Esquire, has earned an excellent reputation among clients and peers for his legal skills and dedication to his clients.
He has been awarded a 10.0 Superb Avvo Ratingin both personal injury and criminal defense. His high-quality professional service has been recognized by his peers with a Martindale-Hubbell® AV Preeminent® Rating.
These awards are testimony to his personal standard of excellence in the legal field. He has many devoted and grateful clients.
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Nicole M. CarlucciFamily Law AttorneyRead BioNicole Carlucci is an experienced and compassionate family law attorney who has practiced law and worked in legal education in Jacksonville for nearly thirty years. With a broad range of legal knowledge and experience, she focuses exclusively on family law.
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Jon LorimierMulti-Practice AttorneyRead BioMr. Lorimier has a wealth of knowledge in family law practice and is dedicated to achieving his client’s goals while simultaneously making navigating the legal process as easy as possible. Through Mr. Lorimier’s years practicing family law, he has assisted hundreds of clients with their most personal issues, balancing a firm grasp of the law and zealous advocacy with a desire to be compassionate and empathetic with his clients.
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Jeanna FieldFamily Law AttorneyRead BioJeanna Field developed her interest in law after working as a Realtor in her early twenties, where she saw firsthand how important strong legal guidance can be in people’s lives. Although she initially pursued a degree in Aviation Computer Science, she realized her passion was not in programming but in helping individuals navigate meaningful life transitions.
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 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.
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.
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