Assault and battery are two terms often used interchangeably to describe offensive, harmful touching or hitting; however, they are two separate causes of action under Florida law. Assault is defined as an unlawful threat of injury to another by force. It is the threat, not actual physical contact. While battery occurs when an individual makes actual and intentional physical contact with another person against that person’s will. It is a first-degree misdemeanor, punishable by up to one year in county jail.