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 North Carolina, assault is defined under state law as an attempt to commit battery or an act that puts another in fear of imminent bodily harm or offensive contact. North Carolina does not require physical contact for an act to be considered assault; the mere threat or attempt, if perceived as imminent, can suffice. Aggravated assault, known in North Carolina as 'Assault with a Deadly Weapon,' occurs when an individual commits assault using a deadly weapon. A deadly weapon is typically something that can cause death or serious injury, such as a gun, knife, or blunt instrument. The presence of a deadly weapon can elevate the severity of the charge and potential penalties, which may include significant fines and imprisonment. The specific statutes governing assault in North Carolina can be found in Chapter 14 of the North Carolina General Statutes (N.C.G.S. §§ 14-32, 14-33, etc.).