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 Kentucky, assault is codified under Kentucky Revised Statutes (KRS) Chapter 508. Assault in the first degree (KRS 508.010) involves serious physical injury to another person and is a Class B felony. Assault in the second degree (KRS 508.020) involves intentional injury with a deadly weapon or dangerous instrument and is a Class C felony. Assault in the third degree (KRS 508.025) typically applies to assaults against certain protected professionals like police officers and is a Class D felony. Assault in the fourth degree (KRS 508.030) involves intentionally or wantonly causing physical injury to another, or with recklessness causing physical injury with a deadly weapon or dangerous instrument, and is a Class A misdemeanor. The use of a deadly weapon can elevate an assault to a more serious charge, often referred to as aggravated assault, which carries stiffer penalties. It's important to note that in Kentucky, the term 'assault' encompasses what some other jurisdictions might refer to as both assault and battery, meaning that actual physical contact is not necessary for a charge of assault; the fear of imminent harm is sufficient.