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 Utah, assault is defined under Utah Code § 76-5-102. The statute describes assault as an act committed by an individual who: (1) attempts to do bodily injury to another, (2) threatens to do bodily injury to another, or (3) acts with unlawful force or violence that causes bodily injury to another or creates a substantial risk of bodily injury to another. The crime of assault in Utah can be charged as a misdemeanor, with the severity of the charge depending on factors such as the extent of injury and whether the victim was pregnant. Aggravated assault, as defined under Utah Code § 76-5-103, is a more serious offense that involves the use of a dangerous weapon or other means or force likely to produce death or serious bodily injury. Aggravated assault is typically charged as a felony in Utah, and the penalties are significantly harsher than for simple assault. The presence of a deadly weapon during an assault elevates the crime to aggravated assault due to the increased potential for harm.