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 West Virginia, assault is defined under state law as an attempt with force and violence to do bodily injury to another person, or causing another person to be in reasonable apprehension of immediate bodily injury. It is not necessary for physical contact to occur for an act to be considered assault; the threat or attempt, if it puts the victim in fear of imminent harm, is sufficient. Assault can be charged as a misdemeanor or a felony, depending on the circumstances and severity of the threat. Additionally, West Virginia law recognizes the assault of a police officer or peace officer as a more serious offense. Under West Virginia Code §61-2-10b, battery or assault against a governmental representative or employee, which includes police officers, is considered a felony when the officer is performing their official duties. The penalties for such offenses are typically more severe than for assaults against civilians.