The crime of assault varies from state to state (and under federal law), but is generally defined as intentionally putting another person in reasonable apprehension or fear of an imminent (immediate) harmful or offensive contact. The crime of assault may be committed even if there is no physical contact, as the criminal physical contact constitutes the separate crime of battery. In many states assaulting a police officer or peace officer who is performing official duties (such as making a lawful arrest) is a more serious offense—sometimes a felony.
In Arkansas, assault is defined under Arkansas Code Annotated § 5-13-207 as an act that creates an apprehension in another person of imminent physical injury. The state differentiates between different degrees of assault, with varying levels of severity and corresponding penalties. Simple assault is considered a Class C misdemeanor, which may involve minor injury or causing the fear of such injury. Aggravated assault, a more serious form of assault, is classified as a Class D felony and involves behavior that exhibits extreme indifference to the value of human life. Assaulting a law enforcement officer, firefighter, or emergency medical personnel while they are performing their duties is treated as a more serious offense under Arkansas law. This can elevate the charge to a higher class of misdemeanor or even a felony, depending on the circumstances and the degree of injury caused. The specific statutes that address assaults against public servants include enhanced penalties to reflect the gravity of the offense.