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 Delaware, assault is defined under Title 11, Section 601 of the Delaware Code. The law categorizes assault into different degrees based on the severity of the offense and the circumstances surrounding it. Simple assault, or third-degree assault, is considered a misdemeanor and occurs when someone intentionally or recklessly causes physical injury to another person, or puts them in fear of such injury. More serious forms of assault, such as first and second-degree assault, involve more severe injury or the use of a deadly weapon and can be classified as felonies. Assaulting a law enforcement officer, a firefighter, a paramedic, or other public safety personnel while they are performing their official duties is treated as a more serious offense under Delaware law. This can elevate the charge to aggravated assault on a law enforcement officer, which is a felony and carries stiffer penalties. The specific circumstances of the assault, such as the use of a weapon or the extent of injury caused, will determine the exact charges and potential penalties.