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 West Virginia (WV), assault is defined under state law as an attempt with force and violence to do bodily injury to another person, or the threat to do bodily injury to another person, accompanied by the present ability to carry out the threat. Assault in WV does not require physical contact; the mere threat or attempt, if perceived as imminent and the perpetrator has the ability to carry it out, can constitute assault. Aggravated assault, often referred to as assault with a deadly weapon, occurs when an individual commits assault with the use or presentation of a deadly weapon, which can include firearms, knives, or any instrument that can cause death or serious bodily injury. The presence of a deadly weapon elevates the severity of the offense and the potential penalties upon conviction. These crimes are addressed in the West Virginia Code, and the specific statutes and penalties can vary based on the circumstances of the incident, such as the intent of the perpetrator and the extent of any injuries caused.