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 Georgia, assault and aggravated assault are distinct offenses under the state's criminal code. Simple assault, as defined by O.C.G.A. § 16-5-20, occurs when a person attempts to commit a violent injury to another person or commits an act that places another in reasonable apprehension of immediately receiving a violent injury. No physical contact is necessary for an act to be considered simple assault. Aggravated assault, as outlined in O.C.G.A. § 16-5-21, is a more serious offense and occurs when an assault is committed with the intent to murder, rape, or rob; with a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or without legal justification by discharging a firearm from within a motor vehicle toward a person or persons. Aggravated assault is a felony in Georgia and carries more severe penalties than simple assault, which can be charged as a misdemeanor or a high and aggravated misdemeanor, depending on the circumstances.