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 Minnesota, assault is defined under Minnesota Statutes Section 609.02 as an act done with intent to cause fear in another of immediate bodily harm or death, or the intentional infliction or attempt to inflict bodily harm upon another. The state recognizes several degrees of assault, ranging from fifth-degree assault, which is a misdemeanor, to first-degree assault, which is a felony and involves inflicting great bodily harm. The distinction between assault and battery as separate offenses is not as clear-cut in Minnesota law as it is in some other jurisdictions, as the term 'assault' in Minnesota can encompass actions that might be considered battery in other states, since it includes the actual infliction of bodily harm. It is important to note that the apprehension or fear of harm must be reasonable and the threat of harm must be imminent for the act to be considered assault. No physical contact is necessary for an assault charge; the mere threat or attempt, if perceived as immediate, can suffice.