Florida statute 784.011 defines what constitutes the criminal act of simple assault. It reads:
(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
A misdemeanor of the second degree in Florida is punishable by up to 60 days in the county jail.