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 Hawaii, assault is defined under Hawaii Revised Statutes Section 707-710 to 707-713. Assault in Hawaii is generally categorized into three degrees. First-degree assault is the most serious, involving serious bodily injury or the use of a dangerous instrument, and is classified as a Class B felony. Second-degree assault involves substantial bodily injury or the intentional or knowing causing of bodily injury with a dangerous instrument, and is a Class C felony. Third-degree assault is a misdemeanor and includes knowingly or recklessly causing bodily injury to another person or negligently causing bodily injury with a dangerous instrument. Assault with a deadly weapon, which can be considered as aggravated assault, would typically fall under first or second-degree assault depending on the circumstances, such as the intent and the extent of injury caused. The use of a deadly weapon increases the severity of the charge and the potential penalties upon conviction.