Assault is defined as the intentional and unlawful threat either verbally or with act to commit violence to another. Furthermore, the person committing the assault must also have the apparent ability to commit that violence and create a well founded fear in another person. All of these components must be proven by the prosecution.

Aggravated assault has the same elements as stated for assault and one additional element that the prosecution must prove. They must also prove that a deadly weapon was used without the intent to kill or there was an intent to commit a felony. Aggravated assault is a third degree felony punishable up to 5 years in Florida State Prison.