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 Montana, assault is defined under Montana Code Annotated (MCA) 45-5-201. The law states that a person commits the offense of assault if they purposely or knowingly cause bodily injury to another, purposely or knowingly cause reasonable apprehension of bodily injury in another, or negligently cause bodily injury to another with a weapon. Montana law distinguishes between assault and aggravated assault, the latter being a more serious offense involving the use of a weapon or the infliction of serious bodily injury, as defined under MCA 45-5-202. It is important to note that in Montana, as in many states, the crime of assault does not require physical contact; the act of creating a reasonable fear of imminent harm is sufficient to constitute assault. Battery is not a separate criminal charge in Montana; instead, physical contact resulting in injury may be prosecuted under the assault statutes.