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 Idaho, assault is defined under Idaho Code § 18-901 as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another, or an intentional act that creates a well-founded fear in another person of an imminent harmful or offensive contact. Physical contact is not required for an assault charge; the mere threat or attempt, if perceived as imminent, can constitute assault. The separate crime of battery involves actual physical contact and is defined under Idaho Code § 18-903. Assaulting a law enforcement officer, such as a police officer or peace officer, while they are performing their official duties is indeed considered a more serious offense in Idaho. This is outlined in Idaho Code § 18-915, which states that committing an assault or battery upon certain personnel, including law enforcement officers, is a felony. The severity of the charges and penalties can increase based on the circumstances and the presence of aggravating factors, such as the use of a deadly weapon or the intent to commit a serious felony.