All states and the federal government have statutes making assault a crime. A criminal assault may be either a felony or a misdemeanor, depending upon the seriousness of the offense. Aggravated assault is a felony in all jurisdictions. It is an assault that goes beyond merely an intention to frighten the victim; it is committed with intent to commit some additional crime or is particularly egregious in some way. Examples of aggravated assault are assaults committed with the intent to kill, rape, or rob. Assault with a dangerous or deadly weapon is an aggravated assault where the assailant points a loaded gun at the victim. An assailant who points an unloaded gun at a victim has committed an assault, but not an aggravated assault.
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