Jacksonville Criminal Defense Attorney Blog

A sailor assigned to the boat, the USS Hue City, has been arrested on felony assault charges in Duval County. Jonathan Lee, according to an article in the Florida Times Union, allegedly showed his gun and threatened to shoot a fellow sailor. Police were dispatched and met with the alleged victim. The alleged victim said that he and Lee were in a strip club drinking and he urinated next to Lee's car. When the alleged victim urinated on Lee's car, "joking around" he says, Lee allegedly pulled a handgun from the trunk of the car and put the magazine in. Lee is reported to have said "If you piss on my car, I will shoot you". At that point the alleged victim said he was in fear for his life and grabbed Lee's wrist, making him drop the handgun. At that point, someone broke the two men up and Lee left the scene. JSO transported the alleged victim to the Mayport Naval Station to find Lee. Police asked for his consent to search his vehicle and Lee agreed. Law enforcement found a gun in his trunk as well as a marijuana joint in the ashtray. The police also found a loaded magazine next to the gun. Lee was then arrested in Jacksonville and posted bond in Duval County.

Lee was arrested for Jacksonville Aggravated Assault, a third degree felony and Possession of Less than 20 Grams of Marijuana, a first degree misdemeanor. To be convicted of aggravated assault in Duval County, the state attorney prosecuting the case must prove he intentionally and unlawfully threatened by word or act to do violence to the victim and have the apparent ability to do so. The victim must also have a well-founded fear that the violence is imminent. To make the Jacksonville assault charge "aggravated", it must be committed with a deadly weapon without the intent to kill or with an intent to commit a felony.

Our Jacksonville Criminal Military Defense Attorney, Victoria "Tori" Mussallem, has defended members of the United States Military for years, including sailors in the Navy. Our Duval County Criminal Law Firm is proud to help those who serve us. Often times, soldiers get punished twice, once by civilian law enforcement and once by the military itself. Even if the Jacksonville criminal charges are dropped or dismissed, the United States military can mete out their own punishment. If you serve in our military and have been arrested on criminal charges in Duval, Clay or Nassau Counties, contact our Jacksonville Navy Criminal Defense Law Firm, at (904) 365-5200. The Mussallem Law Firm is available 24 hours a day, 7 days a week.

As a Criminal Attorney in Jacksonville, I have represented many people charged with crimes involving weapons. In addition to gun crimes in Jacksonville, there are other weapons crimes people can be charged with. One such crime is Possession of a Concealed Weapon. This Duval County weapon crime is a first degree misdemeanor punishable by up to one year in jail. To be convicted of this Jacksonville misdemeanor, the state attorney's office would have to prove that you carried a concealed weapon or electric weapon or device on your person. "Concealed weapons" are defined as dirks, metal knuckles, slungshots, billies, tear gas guns, or any other deadly weapons carried in such a manner to conceal the weapon from the sight of another person.

People often call our Jacksonville Criminal Defense Law Office asking about pocketknives and how to carry them. A common pocketknife is excluded from the definition of a deadly weapon in Florida. The Florida Supreme Court has defined a common pocketknife as "a type of knife occurring frequently in the community which has a blade that folds into the handle that can be carried on one's pocket". Recently, a case has been appealed in the Miami, Florida area that discusses this definition of a pocketknife. In this criminal case, the defendant was charged with carrying a concealed weapon. The weapon was a folding knife that was just under three inches long and locks in an open position. The knife also had serrations on one side with grooves for fingers. The appellate court found that this knife was not a "common" pocketknife because it had a blade that can be locked in an open position.

If you are accused of any type of weapon crime in Jacksonville, Clay County or Nassau County, it is important to discuss your case with an experienced Florida Weapons Attorney. Our Jacksonville Criminal Defense Lawyer, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week. Contact our Jacksonville Law Firm, The Mussallem Law Firm, PA at (904) 365-5200 for a free consultation today.