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 Nebraska, assault is defined under Nebraska Revised Statute 28-310 to 28-311.01. The state differentiates between three degrees of assault. First-degree assault, the most serious, involves intentionally or knowingly causing serious bodily injury to another person. Second-degree assault involves intentional bodily injury with a dangerous instrument, and third-degree assault can involve either intentional bodily injury, threatening behavior, or reckless behavior causing bodily injury. Nebraska law recognizes that assault does not require physical contact; the threat of harm or creating a fear of imminent harm can constitute assault. The specific circumstances and the degree of harm or threat determine the severity of the charge and the associated penalties. It's important to note that battery is not a separate offense in Nebraska; actions that might be considered battery in other jurisdictions are often prosecuted under the state's assault statutes.