An assault is any act intended to create a reasonable fear of imminent harm in another person.

What constitutes assault with a deadly weapon. Assault with a deadly weapon is a wobbler offense which means it can be charged either as a misdemeanor or a felony. By statutory definition certain items especially firearms are designated deadly weapons per se meaning they are regarded as deadly weapons no matter how they are used from the Latin for by itself. Assault with a deadly weapon is attempting successfully or unsuccessfully to injure another person while having the capacity to injure that person with a deadly weapon.

There are a lot of elements at play here. Intentionally knowingly or recklessly cause a physical injury to another person. Aggravated assault is classified as a third degree felony in Florida.

An assault with a deadly weapon occurs when an attacker accompanies a physical attack with a physical object capable of inflicting serious bodily injury or death by virtue of its design or construction. It is usually charged as a felony offense. What constitutes a deadly weapon is not specifically defined and includes a wide range of potentially dangerous objects.

Although not defined in the criminal statute an injury is considered a serious injury if it requires medical attention whether or not the victim actually receives medical treatment. ASSAULT WITH A DEADLY WEAPON. The legal definition of a deadly weapon does not only include weapons or instruments that were designed to be weapons and that are intended to do harm to a living thing.

A deadly weapon sometimes dangerous weapon or lethal weapon is an item that can inflict mortal or great bodily harm. It is important to remember that the crime of assault does not involve any actual physical contact. Under the California Penal Code assault with a potentially lethal weapon a gun or knife for example or an assault using sufficient force to cause great bodily injury may constitute assault with a deadly weapon or ADW.

In Texas Aggravated Assault with a Deadly Weapon is defined by Texas Penal Code Section 2202. Some courts rule assault with a deadly weapon as an aggravated assault. Deadly Weapon A deadly weapon is usually an object instrument substance or device which is intended to be used in a way that is likely to cause death or with which death can be easily and readily produced.