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 Delaware, assault is codified under Title 11 of the Delaware Code. The state differentiates between simple assault and aggravated assault. Simple assault, which may involve intentionally causing physical injury to another person, or putting them in fear of such injury, is typically classified as a misdemeanor. Aggravated assault, also known as assault with a deadly weapon, is a more serious offense and is considered a felony. This type of assault involves intentionally causing serious physical injury to another person with a deadly weapon or instrument. The definition of a deadly weapon includes, but is not limited to, firearms, knives, and any object that can cause death or serious physical injury. The penalties for aggravated assault are more severe and can include longer prison sentences and higher fines. It's important to note that the mere presence of a deadly weapon during an assault can elevate the charge to aggravated assault, even if the weapon is not used to inflict harm.