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 many states assaulting a police officer or peace officer who is performing official duties (such as making a lawful arrest) is a more serious offense—sometimes a felony.
In Vermont, assault is defined under Vermont Statute Title 13, Section 1023 as an attempt to cause bodily injury to another, or intentionally causing bodily injury to another. The law does not require physical contact for an action to be considered assault; the mere attempt or threat, placing another in fear of imminent bodily harm, is sufficient. Vermont law also recognizes aggravated assault, which involves the use of a deadly weapon, serious bodily injury, or assault against certain protected classes of persons, such as police officers, which can elevate the charge to a more serious offense. Assaulting a law enforcement officer engaged in the performance of their duties is indeed a more serious crime and is addressed under Vermont Statute Title 13, Section 1028. This statute specifies that assaulting a police officer can lead to a felony charge, with increased penalties, reflecting the gravity of the offense compared to a standard assault charge.