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 South Carolina, assault and battery are codified under the same statute, which distinguishes between different degrees of severity based on the circumstances of the offense. Simple assault, which may involve the attempt or offer to cause physical harm to another person, is typically classified as Assault and Battery in the Third Degree, a misdemeanor punishable by up to 30 days in jail or a fine. Aggravated assault, known as Assault and Battery of a High and Aggravated Nature (ABHAN) or Assault and Battery in the First Degree, occurs when the assault involves the use or display of a deadly weapon or results in serious bodily injury. ABHAN is a felony and can result in a prison sentence of up to 20 years, while Assault and Battery in the First Degree can lead to a sentence of up to 10 years. The presence of a deadly weapon during an assault significantly increases the severity of the charges and the potential penalties upon conviction.