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 Indiana, assault and battery are often discussed together, but they are distinct offenses. Indiana does not have a separate statute for 'assault' as some other states do. Instead, what would commonly be referred to as assault in other states is often charged as 'battery' in Indiana. Indiana Code § 35-42-2 defines battery as knowingly or intentionally touching another person in a rude, insolent, or angry manner, or in a manner that results in bodily injury. Aggravated battery, which would include the use of a deadly weapon, is considered a more serious offense and is defined under Indiana Code § 35-42-2-1.5. This statute covers situations where the battery results in serious bodily injury to another person and can be elevated to a higher level felony if a deadly weapon is used. The use of a deadly weapon during the commission of a battery can lead to charges of aggravated battery, which carries more severe penalties, including longer prison sentences and higher fines.