Assault and Battery

Assault and Battery are actually two distinct and very different crimes.  TV shows routinely miscontrue this as one charge, but in Florida that is not the case.  Assault does not involve the physical act of touching.  Actions, such as clenched fists, display of weapons, or even threats of violence combined with the immediate ability to inflict the threat of violence equates to an assualt in the state of Florida. The assault can be simple-which makes it a misdemeanor or aggravated assault which is prosecuted in Circuit Court. 
 
Battery requires a touching, but does not require injury.  The touching could be with hands or objects, such as bats, rocks, knives and any instrument.  Battery chareges can be upgraded depending on the weapon used, the amount or extent of injury, or the accused's prior record of battery offenses.