Jacksonville Assault and Battery Lawyer

Jacksonville Assault and Battery Attorney

Assault and battery charges can be overwhelming. Hiring a Jacksonville assault and battery lawyer can improve the chances of your case resulting in fewer penalties. The charges range from a third-degree misdemeanor to a second-degree felony.

First-time offenders may receive probation; however, a second-degree felony could mean a prison sentence. This risk of being imprisoned is one reason many people facing assault and battery charges in Jacksonville choose to hire an assault and battery lawyer for their criminal defense.

Why Hire a Jacksonville Assault and Battery Lawyer?

For those facing assault and battery charges, hiring a lawyer is a worthwhile investment. A Jacksonville assault and battery attorney can guide you through the criminal justice process and advise you on strategies to defend your case for more positive possible outcomes.

For over 20 years, Tyler V. Gates has called Jacksonville home. After earning his Bachelor’s degree in Political Science at the University of Tennessee in Knoxville, he returned to the Sunshine State for law school at Florida Coastal, where his focus turned to criminal law.

Gates Law Firm, opened in 2022, brings more than 15 years of criminal defense experience to your case to fight strategically for you. Call today to schedule a consultation with us to discuss your charges and possible defense strategies.

What Do Assault and Battery Charges Include?

In Florida, assault and battery charges are reported as violent crimes. In 2024, Florida reported 267 violent crimes per 100,000 people. Of those violent crimes, 73.8% were aggravated assault incidents.

In Jacksonville, battery and assault are distinctly different charges. You can be charged with assault if you threaten or try to harm another person. For a simple assault charge, physical contact isn’t necessary; there only needs to be evidence of your ability to follow through with a threat of violence. Battery refers to intentionally touching or striking another person without their consent, or, more broadly, when you intentionally harm another person.

Under Florida assault and battery statutes, there are several types of cases:

Aggravated Assault

Aggravated assault involves the use of a deadly weapon, but with no intent to kill. However, if a deadly weapon is present during the assault and you intend to commit another felony, your charges may graduate to aggravated assault, a third-degree felony, even if you don’t use the weapon.

Felony Battery

Having an existing conviction for battery on your record will impact your case. Florida law explains that if a person with a prior battery, felony battery, or aggravated battery conviction is charged with an additional battery charge, it will be charged as a third-degree felony.

Battery by Strangulation

Battery by strangulation is knowingly and intentionally impeding a person’s ability to breathe normally or restricting their circulation. This includes actions like putting pressure on someone’s throat or blocking their airways, like covering their nose and mouth. This is charged as a third-degree felony.

Aggravated Battery

To be charged with aggravated battery, at least one of these must be true:

• You knowingly harmed another person with the intention of disabling them or permanently disfiguring them.
• A deadly weapon was used.
• The victim was pregnant at the time, and you knew or should have known.

An aggravated battery charge is a second-degree felony.

Assault and Battery of Law Enforcement Officers and Public Servants

Certain public servants are additionally protected by assault or battery laws in Jacksonville. If your assault and battery case involves someone in these groups, your charges could be more serious:

• Law enforcement officers
• Firefighters
• Emergency medical care providers
• Hospital personnel
• Railroad special officers
• Traffic accident investigation officer
• Certified law enforcement agency inspectors
• Blood alcohol analysts and breath test operators
• Parking enforcement officer
• Licensed security officers
• Utility workers
• Public transit employee

If the victim was working at the time of the offense, the assault charge would increase from a second-degree misdemeanor to a first-degree misdemeanor. For battery, the charge increases from a first-degree misdemeanor to a third-degree felony.

FAQs

What Is the Most Effective Defense Against an Assault Charge?

The most effective defense against an assault charge depends on the specifics of your case. Each assault and battery case is unique. Charges are based on factors like the demographics of the victim, details of the offense, background, and your criminal history. Our Jacksonville criminal defense lawyer, Tyler V. Gates, approaches your case strategy with those details in mind. Call Gates Law Firm now to schedule a consultation about your case.

What Is the Difference Between Assault and Battery Charges in Jacksonville?

In Jacksonville, the difference between assault and battery charges comes down to whether or not physical harm was actually done. Florida law defines assault as a deliberate, unlawful threat, whether spoken or acted out, to commit violence against another person. This must be paired with evidence that the threat could be carried out by the threatening person. Once physical harm is done, it becomes battery and tends to result in more serious charges and consequences.

Can You Avoid Jail Time for Assault in Jacksonville?

Yes, sometimes you can avoid jail time for assault charges. In Jacksonville, an assault charge carries the risk of up to 60 days in jail. Many first-time offenders are given probation instead of jail time. These deals are often dependent on the offender avoiding contact with the victim and possibly taking anger management classes.

What Makes Assault a Felony in Jacksonville?

In Jacksonville, an assault becomes a felony when it is an aggravated assault. An aggravated assault requires the assault to be done using a deadly weapon with no intention to kill or with the intention to commit another felony during the assault. At that point, it is charged as a third-degree felony aggravated assault.

Hire an Assault and Battery Lawyer in Jacksonville for Your Criminal Case

Gates Law Firm in Jacksonville is here to give you the criminal defense support and knowledge you need in your criminal case. If your case goes to trial, we can represent and advocate for you in the Fourth Judicial Circuit Court here in Jacksonville. Call to schedule a consultation today and learn what our legal team can do for you.

Jacksonville Assault and Battery Lawyer Reviews

Jacksonville Criminal Defense Resources:

• Jacksonville, FL, Crime Rate 2025 – Latest Statistics
• How Many Murders Happen in Jacksonville? 2025 Statistics