A crime that occurs when one person tries to physically harm another in a way that makes the person under attack feel immediately threatened. Actual physical contact is not necessary; threatening gestures that would alarm any reasonable person can constitute an assault. Compare battery.
Assault is a noun that refers to the act of physically attacking or causing harm to someone intentionally and unlawfully. It involves the use of force or violence, such as hitting, punching, kicking, or any other form of physical aggression, with the intention to cause fear, injury, or discomfort to the victim. Assault can also include threats or attempts to harm someone, even if physical contact is not made. It is considered a criminal offense in most jurisdictions and can result in legal consequences, such as fines, imprisonment, or probation.
An assault is the act of inflicting physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. 1) v. the threat or attempt to strike another, whether successful or not, provided the target is aware of the danger. The assaulter must be reasonably capable of carrying through the attack. In some US states, if the assault is with a deadly weapon (such as sniping with a rifle), the intended victim does not need to know of the peril. Other state laws distinguish between different degrees (first or second) of assault depending on whether there is actual hitting, injury or just a threat. “Aggravated assault” is an attack connected with the commission of another crime, such as beating a clerk during a robbery or a particularly vicious attack. 2) n. the act of committing an assault, as in “there was an assault down on Third Avenue.” Assault is both a criminal wrong, for which one may be charged and tried, and civil wrong for which the target may sue for damages due to the assault, including for mental distress.
Assault is a criminal offence that involves intentionally causing apprehension of harmful or offensive contact with another person. It is a form of physical violence or threat that can result in both criminal and civil liability.
In legal terms, assault is typically defined as an intentional act that creates a reasonable apprehension of immediate harmful or offensive contact. The key elements of assault include the intentional act, the apprehension of harm, and the immediacy of the threat. It is important to note that actual physical contact is not necessary for an assault to occur; the mere threat or fear of harm is sufficient.
Assault can take various forms, ranging from physical attacks to verbal threats or gestures that create a reasonable fear of harm. The severity of the offence can vary depending on the jurisdiction, with some jurisdictions distinguishing between different degrees of assault based on the level of harm caused or the intent of the perpetrator.
In many legal systems, assault is considered a criminal offence and can result in criminal charges being filed against the perpetrator. The penalties for assault can include fines, probation, community service, or imprisonment, depending on the severity of the offence and the jurisdiction’s laws.
In addition to criminal liability, assault can also give rise to civil liability. The victim of an assault may have the right to seek compensation for any physical or emotional injuries suffered as a result of the assault. This can include medical expenses, pain and suffering, and lost wages.
It is important to consult with a legal professional to understand the specific laws and regulations regarding assault in your jurisdiction, as they can vary significantly.
Common law assault involves placing a person in immediate and unlawful apprehension of danger (see: Offences against the person). Assault is also actionable in tort: see Trespass to the person.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March, 2024.
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