An assault takes place when someone threatens another by word or act to do violence. There does not need to be a touching to be convicted of assault. A simple assault is a misdemeanor of the second degree and carries a maximum penalty of 60 days in jail, 6 months probation, and a $500 fine.
If a deadly weapon is used in an assault then the crime becomes a felony. Deadly weapons typically used to commit assault are knives, firearms, and motor vehicles. However, any object which could be used to inflict death or great bodily harm may be considered a deadly weapon.
Unlike simple assaults, felony cases involve a greater amount of evidence. In defending these cases it is important to challenge the State’s evidence. It is not uncommon to call defense witnesses to testify on the defendant’s behalf.