An "Assault" in the State of Florida may be different from what you've heard on television. An "Assault," as defined by Florida law, is an intentional, unlawful threat by word or act to do violence to another person, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear that violence is imminent.

An example of an Assault would be walking up to a person in a bar, cocking back your arm like you were going to punch the victim in the nose, and causing him to believe you were about to punch him. You don't need to actually touch them; you just need to scare them to have committed an Assault.

Assault is a second degree misdemeanor punishable by up to 60 days in the county jail and fines up to $500.

If, however, you threatened the person in the bar with a gun, knife, or some other weapon, you could be charged with "Aggravated Assault." Aggravated Assault is a third degree felony punishable by up to five years in prison and a $5,000 fine.

A "Battery" requires some sort of touching and is defined under Florida law as actually and intentionally touching or striking another person against his will or intentionally causing bodily harm to another person. Go back to our bar room example above. If you were to actually punch the victim in the nose, that would be a battery.

A "Simple Battery" is a first degree misdemeanor punishable by up to a year in jail and a $1,000 fine. Additionally, the court costs and fines for a battery conviction are significantly higher than other offenses.

Much like an Assault can become an Aggravated Assault, a Battery can become an Aggravated Battery. This happens when your intentionally touching of the victim caused great bodily harm, permanent disfigurement, or disability, or if you committed the Battery using a deadly weapon. Aggravated Battery is a second degree felony punishable by up to 15 years in prison and $10,000 in fines.

Further, if you have been convicted of a Battery in the past, and get arrested for a misdemeanor Simple Battery, the State can file charges against you for a third degree Felony Battery. Felony Battery is a third degree felony punishable by a maximum of five years in prison and up to $5,000 in fines.