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 Rhode Island, assault is defined under Rhode Island General Laws Section 11-5-3 as an attempt or offer to do bodily harm to another person, with the apparent ability to cause the harm if not prevented. This can include acts that put another person in fear of imminent bodily harm, even if no physical contact occurs. Aggravated assault, or assault with a deadly weapon, is a more serious offense and is addressed under Section 11-5-2 of the Rhode Island General Laws. This occurs when an individual commits an assault with a dangerous weapon, such as a gun, knife, or any object that could be considered dangerous when used to threaten or cause harm to another. The use of a deadly weapon increases the severity of the charge and the potential penalties upon conviction, which can include longer prison sentences and higher fines.