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 Mississippi, assault is defined under Mississippi Code Section 97-3-7. Simple assault involves causing or attempting to cause bodily injury to another, putting someone in fear of imminent serious bodily harm, or causing physical contact that is considered offensive or provocative. Simple assault is a misdemeanor unless committed against certain protected classes (e.g., a law enforcement officer, elderly person, or vulnerable adult), in which case it can be a felony. Aggravated assault, which is a more serious form of assault, occurs when the assault includes the use of a deadly weapon or results in serious bodily injury. Aggravated assault is typically treated as a felony in Mississippi. The use of a deadly weapon, such as a gun, knife, or any object that could cause death or serious bodily harm, elevates the crime to aggravated assault. The intent to cause fear or harm and the use of a deadly weapon are key elements in distinguishing aggravated assault from simple assault.