Florida Association of Criminal Defense Lawyers
National Association of Criminal Defense Lawyers


The crime of Assault in Florida is often mistaken for a Battery. In an assault, the “victim” is not touched, as with a battery. An assault is an intentional and illegal threat by word or act to do violence to someone while having the apparent ability to commit the violence and in doing so, you created a well-founded fear in the other person that violence was imminent. If convicted of an assault in Florida, the maximum punishment is 60 days in jail because the crime is considered a second degree misdemeanor.  The usual sentence for a first time offender is probation.  On this second degree misdemeanor, you can be placed on probation for up to six months.  The conditions of probation will most likely include completing an anger management class as well as having no contact with the victim of the assault.

An assault can also be considered a felony in Jacksonville if certain requirements are met. An Aggravated Assault is an assault with a deadly weapon without the intent to kill or an assault with the intent to commit a felony. An Aggravated Assault is a third degree felony punishable by up to 5 years in prison. If you are convicted of an Aggravated Assault with a Deadly Weapon in Florida, there is a three year minimum mandatory sentence with an exposure of up to five years in prison.

Many assault cases in Jacksonville are based only on someone’s word, usually the alleged “victim”. That is why it is important to consult with an experienced criminal defense attorney to discuss the issues in your case. Police do not always talk to all the witnesses, especially the witnesses who back the person arrested. In assault cases in Jacksonville, there is little, if any, physical evidence.

If you or a loved one has been charged with an assault, whether misdemeanor or felony, contact our Jacksonville Law Firm today at (904) 365-5200 for a Free Consultation.

Client Reviews
“Daughter needed a lawyer for a recent domestic violence charge. I contacted the law firm and she got to work, my daughter did not have to show up to court and charges were dismissed. Life is good. Thank you Mussallem Law Firm.” D.H.
“I don’t know where to start!!! Everything about Tori was more than what I expected she kept my parents on board with everything made sure they were included in every single detail about my case. She also went to court for me without me having to be present , call me before an after all of my court dates and kept me up to date on everything that pertain to my case!!! Thank you Ms. Tori for everything you are the best of the best!!!” A.S.
“Five stars are not enough for Tori! My partner and I reached out to 3 lawyers in the span of a week. One took 4 days to get back to us, the other we never heard from. Tori had called the day we filled out a form and had done her research before calling. She has been incredibly professional and helpful, and always kept me up to date. She does amazing work!” M.G.