
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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Jason Porter has helped me on two separate occasions and both times his attention to detail really impressed me. His staff is wonderful and easy to work with. The second time I worked with Jason Porter, he turned what I thought was a hopeless situation into a miracle. He literally got me my life back by getting the charges reduced. His experience as a trial lawyer came in handy when he had to work with the district attorney to change the judge's mind on my case. Jason Porter has a calming demeanor and he instilled confidence when going over the details of my case. I tended to be pessimistic, but Jason Porter would always reassure me and keep me positive. I will never be able to thank Jason Porter enough for all that he has done for me and my family. I hope I never need a lawyer again, but if I do I know I can count on Jason Porter to give me my best chance at a favorable outcome.- Michael C.
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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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Attentive, patient and caring service by skilled attorneys. Richard Watson and Jason Porter are absolutely first-rate!- Melanie M.
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We had the absolute best experience working with Mr. Porter’s office. Our daughter was severely hurt last summer due to someone else’s negligence and we won our settlement! We were extremely happy with this law firm!!!!! Dani is also the best paralegal and she was wonderful to work with and very prompt with all my emails and questions I had! Thank you guys so much!!- M.M.
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Mr Porter is a very good guy! Gave me some great advice and Told me to save my money. Which is a first for me! Thanks again.- E.S.
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Best attorney in town him and his team have WON EVERY CASE for me. Jason and his team will fix whatever you may have gotten yourself into. Keep your MOUTH SHUT AND THEN CALL JASON PORTER. YOU WONT REGRET THAT I PROMISE.- A.H.
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100% success rate. I used Jason Porter's services two different times for a DUI charge. The first DUI case I never lost my license and he won the case. The second time it was a little more difficult because of the circumstances but we took it to trial and it seemed like an effortless victory. Jason and his staff were very professional and helpful through the entire process.I could not have asked for anything more. Thank you so much for everything.- Jeremy T.
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