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 Jersey, assault is codified under N.J.S.A. 2C:12-1. Simple assault is considered a disorderly persons offense and occurs when an individual attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another; negligently causes bodily injury to another with a deadly weapon; or attempts by physical menace to put another in fear of imminent serious bodily injury. Aggravated assault, which includes assault with a deadly weapon, is a more serious offense and can range from a fourth-degree to a second-degree crime, depending on factors such as the extent of injury, the intent of the perpetrator, and the status of the victim (e.g., police officer, teacher, etc.). The use of a deadly weapon elevates the severity of the assault charge due to the increased potential for significant harm. New Jersey law defines a 'deadly weapon' as any firearm or other weapon, device, instrument, material, or substance, whether animate or inanimate, which in the manner it is used or intended to be used is known to be capable of producing death or serious bodily injury.