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 North Dakota, assault is defined under North Dakota Century Code (NDCC) 12.1-17-01 as an act that intentionally inflicts bodily injury on another, creates apprehension of imminent bodily injury in another, or knowingly causes physical contact with another when done in a rude, insolent, or angry manner. Assault with a deadly weapon, known as aggravated assault in North Dakota, is addressed under NDCC 12.1-17-02. This occurs when a person commits the offense of assault as previously defined and uses a dangerous weapon or inflicts serious bodily injury on another. Aggravated assault is considered a more serious crime due to the involvement of a deadly weapon or the severity of injury caused, and it carries heavier penalties. Both assault and aggravated assault are criminal offenses that can result in fines, imprisonment, or both, depending on the severity of the offense and the circumstances surrounding the incident.