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 York State, assault is codified under the New York Penal Law Article 120. Assault is generally defined as intentionally causing physical injury to another person. The basic offense, Assault in the Third Degree, is a class A misdemeanor. However, the crime becomes more severe with the use of a deadly weapon or dangerous instrument, or if the victim suffers serious physical injury. Assault with a deadly weapon is typically charged as Assault in the First or Second Degree, depending on the circumstances, and these are classified as felonies. Assault in the First Degree, for example, involves serious physical injury with a deadly weapon and is a class B felony. It's important to note that in New York, the term 'assault' encompasses what some other jurisdictions might refer to as both 'assault' and 'battery,' as New York does not have a separate statute for battery.