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 North Dakota, assault is defined under North Dakota Century Code (NDCC) 12.1-17-01 as an act that intentionally inflicts bodily injury on another, creates apprehension of imminent bodily injury in another, or knowingly causes physical contact with another when done in a rude, insolent, or angry manner. Assault can be charged as a simple assault or an aggravated assault, with the latter involving more serious bodily injury or the use of a weapon. Assaulting a police officer or peace officer in North Dakota is considered a more serious offense. Under NDCC 12.1-17-02, if the assault is committed against a peace officer or public servant while they are performing their official duties, the charge can be elevated to a felony, which carries more severe penalties than a misdemeanor assault. The specific classification and penalties for assault offenses can vary based on the circumstances of the case and the presence of any aggravating factors.