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.
The crime of assault with a deadly weapon (also known as aggravated assault) occurs when someone uses a deadly weapon (gun, knife, club, tire iron, brass knuckles, etc.) during an assault.
In Arkansas, assault is defined under Arkansas Code Annotated § 5-13-201 to § 5-13-210. The state differentiates between simple assault and aggravated assault. Simple assault is considered a Class C misdemeanor and involves a person purposely creating apprehension of imminent physical injury in another person. Aggravated assault, which is a more serious offense, is classified as a Class D felony and occurs when a person, under circumstances manifesting extreme indifference to the value of human life, purposely displays a firearm in such a manner that creates a substantial danger of death or serious physical injury to another person. The use of a deadly weapon, such as a gun, knife, or other objects that can inflict serious harm, elevates the crime to aggravated assault. Arkansas law also recognizes 'terroristic threatening' as a related offense, which involves threatening to commit a crime of violence with the purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, among other things. The specific charges and penalties can vary based on the circumstances of the incident, the presence of any aggravating factors, and the defendant's criminal history.