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 New Hampshire, assault is defined under RSA 631:2-a as an act by which a person 'purposely or knowingly causes bodily injury or unprivileged physical contact to another.' The state distinguishes between simple assault and more serious forms of assault. Simple assault can be a misdemeanor or a violation, depending on the circumstances. Aggravated assault, known in New Hampshire as 'first degree assault' under RSA 631:1, occurs when a person 'purposely causes serious bodily injury to another or uses a deadly weapon to commit the assault.' This is a felony offense. The use of a deadly weapon elevates the severity of the charge due to the increased potential for serious harm. New Hampshire law defines a 'deadly weapon' as 'any firearm, knife or other substance or thing which, in the manner it is used, intended to be used, or threatened to be used, is known to be capable of producing death or serious bodily injury.' The penalties for aggravated assault can include significant fines and imprisonment.