Assault may or may not involve moral turpitude depending upon the elements in a given offense.[37]  The general rule is that simple assault is not considered to be a crime of moral turpitude,[38] while aggravated assault, as the result of injury or use of a deadly weapon, may or may not be, depending on the elements of conviction.  Where the assault is committed with the further intent of accomplishing a CMT, the assault will also be held to be a CMT.  See § 8.7, supra for further discussion. 

[37] See 9 U.S. Dep’t of State, Foreign Affairs Manual (FAM) § 40.21(a) N.2.3-3(a)(3).

[38] 9 U.S. Dep’t of State, Foreign Affairs Manual (FAM) § 40.21(a) N.2.3-3(b)(1) (“Assault (simple) (i.e., any assault which does not require an evil intent or depraved motive, although it may involve the use of a weapon which is neither dangerous nor deadly)” does not involve moral turpitude).

Eighth Circuit

CRIMES OF MORAL TURPITUDE " ASSAULT " GENERAL CRIMINAL INTENT
Alonzo v. Lynch,___ F.3d ___, ___, 2016 WL 1612772 (8th Cir. Apr. 22, 2016) ([T]he BIA and various courts have declined to classify [simple assault] as a [CIMT]. Simple assault typically is a general intent crime, and it is thus different in character from those offenses that involve a vicious motive, corrupt mind, or evil intent. Chanmouny v. Ashcroft, 376 F.3d 810, 814"15 (8th Cir. 2004) (emphasis added) (quoting Matter of O, 3 I. & N. Dec. 193, 194"95 (BIA 1948)); see also [Matter of] Solon, 24 I. & N. Dec. at 241 (same).).