The crime of assault varies from state to state (and under federal law), but is generally defined as intentionally putting another person in reasonable apprehension or fear of an imminent (immediate) harmful or offensive contact. The crime of assault may be committed even if there is no physical contact, as the criminal physical contact constitutes the separate crime of battery.
In Florida, assault is legally defined under Florida Statutes Section 784.011 as 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 in the other person that such violence is imminent. This means that for an action to be considered assault in Florida, there does not need to be physical contact with the victim; the key element is the creation of a reasonable fear that violence is about to occur. Assault is typically classified as a second-degree misdemeanor in Florida, which can result in penalties including fines, probation, and up to 60 days in jail. However, the crime can be elevated to aggravated assault, which is a more serious offense, if a deadly weapon is used without intent to kill, or with an intent to commit a felony, as outlined in Florida Statutes Section 784.021.