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.
The crime of assault with a deadly weapon (also known as aggravated assault) occurs when someone uses a deadly weapon (gun, knife, club, tire iron, brass knuckles, etc.) during an assault.
In Alabama, assault is codified under the Alabama Criminal Code. Assault in Alabama is generally categorized into three degrees. Third-degree assault, the least severe, involves causing physical injury to another person, with or without a weapon, or causing someone to fear imminent bodily harm. Second-degree assault involves more serious harm or the use of a deadly weapon or dangerous instrument to cause physical injury. First-degree assault, the most serious, includes assaults that involve serious physical injury, the use of a deadly weapon or dangerous instrument with intent to cause serious physical injury, or certain assaults against specific classes of workers like teachers or healthcare professionals. Aggravated assault, often referred to as assault with a deadly weapon, is typically prosecuted under the statutes for first or second-degree assault, depending on the circumstances. The specific statutes can be found in Sections 13A-6-20 to 13A-6-22 of the Alabama Code. It's important to note that the mere fear of harm, without physical contact, can constitute assault in Alabama, while actual physical contact may be prosecuted as battery, which is a separate offense.