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 Massachusetts, assault is defined under Massachusetts General Laws Chapter 265, Section 13A. An individual commits assault if they attempt or threaten to use physical force against another person, or demonstrate an immediate intention to use force, causing the other person to fear imminent bodily harm. It is important to note that actual physical contact is not necessary for an assault charge; the key element is the reasonable apprehension or fear of harm. If physical contact does occur, it may result in a charge of battery. Assault can be charged as a misdemeanor or felony in Massachusetts, depending on the circumstances, such as involvement of a dangerous weapon, the intent behind the act, or the occurrence of serious bodily injury. Penalties for assault can include fines, imprisonment, or both. It is advisable for individuals facing assault charges to consult with an attorney to understand the specific implications of the charges and to receive legal representation.