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.
In Delaware, assault is defined under Title 11, Section 601 of the Delaware Code. The state differentiates between degrees of assault, with varying levels of severity and corresponding penalties. Simple assault, or third-degree assault, is typically charged when someone intentionally or recklessly causes physical injury to another person, or puts them in fear of such injury. This is a Class A misdemeanor. More serious assaults, such as those resulting in serious physical injury or involving a deadly weapon, can be charged as second or first-degree assault, which are felonies. Delaware law recognizes that assault can occur without physical contact; the act of putting another person in fear of imminent harm can be sufficient for an assault charge. The specific circumstances of the incident, such as the use of a weapon or the extent of the victim's fear, will determine the degree of the charge and the potential penalties upon conviction.