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 Kansas, assault is defined under Kansas Statutes Annotated (K.S.A.) 21-5412. Assault is the act of intentionally placing another person in reasonable apprehension of immediate bodily harm. This means that even without physical contact, a person can be charged with assault if they cause someone to fear that they are about to be harmed. Aggravated assault, or assault with a deadly weapon, is a more serious offense and is covered under K.S.A. 21-5412(b). It occurs when an assault is committed with a deadly weapon, or by any means or force that can cause great bodily harm or death. The use of a gun, knife, or other objects that can be considered deadly weapons during the assault enhances the severity of the charge and the potential penalties upon conviction. Both assault and aggravated assault are punishable under Kansas law, with penalties varying based on the severity of the offense and other factors such as the criminal history of the accused.