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 Minnesota, assault is defined under Minnesota Statutes Section 609.02 and related sections. Assault in Minnesota is categorized into several degrees, with first-degree assault being the most severe, involving great bodily harm, and fifth-degree assault being the least severe, typically involving fear of bodily harm or non-consensual physical contact without substantial injury. Assault with a deadly weapon in Minnesota is considered aggravated assault and is typically charged as second-degree assault under Section 609.222. This occurs when an individual assaults another with a dangerous weapon but without intent to cause death or great bodily harm. The presence of a deadly weapon during an assault enhances the severity of the charges and the potential penalties, which can include significant fines and imprisonment. It's important to note that in Minnesota, the crime of assault does not require physical contact; the act of putting another person in fear of imminent bodily harm or offensive contact is sufficient to constitute assault.