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.
In Alabama, assault is defined under the Alabama Criminal Code in sections 13A-6-20 to 13A-6-22. Assault in Alabama is categorized into three degrees. First-degree assault, the most serious, involves serious physical injury caused by the use of a deadly weapon or dangerous instrument, or under circumstances manifesting extreme indifference to human life. Second-degree assault includes intentional serious physical injury or use of a deadly weapon or dangerous instrument while intending to prevent a peace officer or other person from performing a lawful duty. Third-degree assault, the least serious, involves intentional physical injury to another person. The definition of assault in Alabama aligns with the general description of assault as intentionally putting another person in reasonable apprehension of imminent harm. It is important to note that in Alabama, as in many states, assault does not require physical contact; the threat or attempt of harm can be sufficient. Battery, which is the actual physical contact, is often charged separately under Alabama law.