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 North Dakota, assault is defined under North Dakota Century Code (NDCC) 12.1-17-01 as an act that intentionally inflicts bodily injury on another, creates apprehension of bodily injury in another by physical menace, or knowingly causes physical contact with another when done in a rude, insolent, or angry manner. North Dakota law distinguishes between simple assault and aggravated assault, with the latter involving more serious harm or the use of a weapon. Simple assault is generally a misdemeanor, while aggravated assault is a felony. It is important to note that in North Dakota, the terms 'assault' and 'battery' are not separated as they are in some other jurisdictions; the conduct that would be considered 'battery' in other states is often included under the broader definition of 'assault' in North Dakota.