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 Vermont, assault is defined under Vermont Statutes Title 13, Chapter 59. Simple assault can occur when a person either attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another; or causes another to be in fear of imminent serious bodily injury. Aggravated assault, a more serious offense often referred to as assault with a deadly weapon, is addressed under Vermont Statutes Title 13, Section 1024. This occurs when a person causes bodily injury to another with a deadly weapon. A deadly weapon is not limited to firearms but includes any instrument that is designed to or is likely to produce death or serious bodily injury. The distinction between simple assault and aggravated assault in Vermont hinges on the severity of the injury, the use of a weapon, and the intent of the perpetrator. Penalties for assault in Vermont vary based on the circumstances and severity of the act, with aggravated assault carrying harsher penalties due to the involvement of a deadly weapon and the potential for more serious harm.