Assault is intentionally threatening another, along with the ability to carry out the action AT THE TIME (NOT LATER) the threat is made. In order for the Courts to find someone guilty of assault, the subject must have the “present apparent ability” to carry out the threat, and the threat must “create a well-founded fear that violence is imminent.” Aggravators that may cause the penalty to increase are:  the use of a deadly weapon, or the individual intends to commit a felony in the course of the assault. Often times police arrest individuals based on perceived threats, where there was no imminent violence or well-founded fear, or there was no way the threat could have been accomplished in the moment – no present apparent ability.

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For more information, see Florida Statute 784.011: Assault