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 Nebraska, assault is codified under Nebraska Revised Statute 28-310 to 28-311.01. The state differentiates between simple assault and aggravated assault. Simple assault, which is generally a misdemeanor, involves knowingly or intentionally causing bodily injury to another person, or threatening another in a menacing manner. Aggravated assault, also known as assault with a deadly weapon, is considered a more serious offense and is classified as a felony. This type of assault occurs when a person intentionally or knowingly causes serious bodily injury to another, or uses a deadly weapon to threaten or cause bodily injury. The presence of a deadly weapon elevates the severity of the charge due to the increased potential for significant harm. Nebraska law also recognizes varying degrees of assault, with first-degree assault being the most serious, involving serious bodily injury or the use of a deadly weapon, and third-degree assault being the least serious. Penalties for assault convictions in Nebraska can range from fines and probation to imprisonment, depending on the degree of the assault and the specific circumstances of the case.