In the state of Florida, assault and battery are addressed as separate charges, though the two do commonly go hand in hand. A person commits assault by threatening violence or harm against another person, whereas battery is the physical act itself. Because the consequences of both assault and battery are so severe, it is important to understand as much violent crime charges as possible if you are facing charges.
Assault generally refers to the threat of imminent force and battery refers to the unwanted touching of another, typically that which causes bodily injury (but also may include offenses of a sexual nature).
Florida law defines assault as the threat of harm against another person in such a way that gives the person genuine reason to fear for his or her well-being. Regardless of whether the violence is ever actually carried out, the threat is the crime in an assault charge.
There are three different degrees of assault, each with its own set of penalties the person may face it convicted. Aggravated assault, or first-degree assault, is the most serious assault charge because it means the person showed no regard for human life. This charge usually involves the threat of harm with a deadly weapon, which is anything that could be used to cause severe bodily harm. Lesser assault charges include second-degree assault, which may still cover threat with the use of a weapon, and third-degree assault, also called simple assault. Third-degree assault is tried as a misdemeanor, as is second-degree, in most cases.
Even if the person facing assault charges may have caused no physical harm, the penalties can still be really serious. A first-time offender committing simple or second-degree assault will receive probation, whereas a second-degree misdemeanor may receive 60 days in jail and up to 6 months of probation. If convicted of aggravated assault, the person will be faced with a third-degree felony and could receive up to 5 years in prison.
Via: Florida Statutes / Statelaws.findlaw.com