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Assault

ASSAULT

Atcommon law, an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact.

An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal or civil liability. Generally, the common law definition is the same in criminal and tort law. There is, however, an additional criminal law category of assault consisting of an attempted but unsuccessful battery.

Statutory definitions of assault in the various jurisdictions throughout the United States are not substantially different from the common-law definition.

Elements

Generally, the essential elements of assault consist of an act intended to cause an apprehension of harmful or offensive contact that causes apprehension of such contact in the victim.

The act required for an assault must be overt. Although words alone are insufficient, they might create an assault when coupled with some action that indicates the ability to carry out the threat. A mere threat to harm is not an assault; however, a threat combined with a raised fist might be sufficient if it causes a reasonable apprehension of harm in the victim.

Intent is an essential element of assault. In tort law, it can be specific intent—if the assailant intends to cause the apprehension of harmful or offensive contact in the victim—or general intent—if he or she intends to do the act that causes such apprehension. In addition, the intent element is satisfied if it is substantially certain, to a reasonable person, that the act will cause the result. A defendant who holds a gun to a victim's head possesses the requisite intent, since it is substantially certain that this act will produce an apprehension in the victim. In all cases, intent to kill or harm is irrelevant.

In criminal law, the attempted battery type of assault requires a specific intent to commit battery. An intent to frighten will not suffice for this form of assault.

There can be no assault if the act does not produce a true apprehension of harm in the victim. There must be a reasonable fear of injury. The usual test applied is whether the act would induce such apprehension in the mind of a reasonable person. The status of the victim is taken into account. A threat made to a child might be sufficient to constitute an assault, while an identical threat made to an adult might not.

Virtually all jurisdictions agree that the victim must be aware of the danger. This element is not required, however, for the attempted battery type of assault. A defendant who throws a rock at a sleeping victim can only be guilty of the attempted battery assault, since the victim would not be aware of the possible harm.

Aggravated Assault

An aggravated assault, punishable in all states as a felony, is committed when a defendant intends to do more than merely frighten the victim. Common types of aggravated assaults are those accompanied by an intent to kill, rob, or rape. An assault with a dangerous weapon is aggravated if there is an intent to cause serious harm. Pointing an unloaded gun at a victim to frighten the individual is not considered an aggravated assault.

Punishment

A defendant adjudged to have committed civil assault is liable for damages. The question of the amount that should be awarded to the victim is determined by a jury. compensatory damages, which are aimed at compensating the victim for the injury, are common. Nominal damages, a small sum awarded for the invasion of a right even though there has been no substantial injury, may be awarded. In some cases, courts allow punitive damages, which are designed to punish the defendant for the wrongful conduct.

The punishment for criminal assault is a fine, imprisonment, or both. Penalties are more severe when the assault is aggravated. Many states have statutes dividing criminal assault into various degrees. As in aggravated assault, the severity of the crime, the extent of violence and harm, and the criminal intent of the defendant are all factors considered in determining the sentence imposed.

further readings

Brewer, J. D. 1994. The Danger from Strangers: Confronting the Threat of Assault. Norwell, Mass.: Kluwer Academic.

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"Assault." West's Encyclopedia of American Law. . Encyclopedia.com. 22 Oct. 2017 <http://www.encyclopedia.com>.

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"Assault." West's Encyclopedia of American Law. . Retrieved October 22, 2017 from Encyclopedia.com: http://www.encyclopedia.com/law/encyclopedias-almanacs-transcripts-and-maps/assault

assault

as·sault / əˈsôlt/ • v. [tr.] make a physical attack on: he pleaded guilty to assaulting a police officer. ∎ fig. attack or bombard (someone or the senses) with something undesirable or unpleasant: her right ear was assaulted with a tide of music. ∎  carry out a military attack or raid on (an enemy position): they left their strong position to assault the hill. ∎  rape. • n. 1. a physical attack: his imprisonment for an assault on the film director. ∎  Law an act, criminal or tortious, that threatens physical harm to a person, whether or not actual harm is done: charged with assault. ∎  a military attack or raid on an enemy position: troops began an assault on the city. ∎  a strong verbal attack. 2. a concerted attempt to do something demanding: a winter assault on Mt. Everest. DERIVATIVES: as·sault·er n.

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"assault." The Oxford Pocket Dictionary of Current English. . Encyclopedia.com. 22 Oct. 2017 <http://www.encyclopedia.com>.

"assault." The Oxford Pocket Dictionary of Current English. . Encyclopedia.com. (October 22, 2017). http://www.encyclopedia.com/humanities/dictionaries-thesauruses-pictures-and-press-releases/assault-0

"assault." The Oxford Pocket Dictionary of Current English. . Retrieved October 22, 2017 from Encyclopedia.com: http://www.encyclopedia.com/humanities/dictionaries-thesauruses-pictures-and-press-releases/assault-0

assault

assault, in law, an attempt or threat, going beyond mere words, to use violence, with the intent and the apparent ability to do harm to another. If violent contact actually occurs, the offense of battery has been committed; modern criminal statutes often combine assault and battery. An assault may be both a crime and a tort, for which the party assaulted may sue for damages; the victim's freedom, as to move or remain at peace, must have been impinged on. Modern criminal statutes recognize certain degrees of assault (e.g., with intent to kill, to do great bodily harm, to rape) as aggravated assaults and felonies, though simple assault remains, as at common law, a misdemeanor. Either malevolence or recklessness (as in driving a car in reckless disregard of human life) may constitute the intent necessary to assault in most jurisdictions.

See W. L. Prosser, Handbook of the Law of Torts (3d ed. 1964).

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"assault." The Columbia Encyclopedia, 6th ed.. . Encyclopedia.com. 22 Oct. 2017 <http://www.encyclopedia.com>.

"assault." The Columbia Encyclopedia, 6th ed.. . Encyclopedia.com. (October 22, 2017). http://www.encyclopedia.com/reference/encyclopedias-almanacs-transcripts-and-maps/assault

"assault." The Columbia Encyclopedia, 6th ed.. . Retrieved October 22, 2017 from Encyclopedia.com: http://www.encyclopedia.com/reference/encyclopedias-almanacs-transcripts-and-maps/assault

assault

assault sb. XIII. ME. as(s)aut (later with l as in fault) — OF. asaut (mod. assaut) :- Rom. *assaltus, f. popL. assalīre ASSAIL.
So assault vb. XV. — OF. assauter :- Rom. *assaltare, f. AS- + saltāre, frequent. of salīre leap.

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"assault." The Concise Oxford Dictionary of English Etymology. . Encyclopedia.com. 22 Oct. 2017 <http://www.encyclopedia.com>.

"assault." The Concise Oxford Dictionary of English Etymology. . Encyclopedia.com. (October 22, 2017). http://www.encyclopedia.com/humanities/dictionaries-thesauruses-pictures-and-press-releases/assault-1

"assault." The Concise Oxford Dictionary of English Etymology. . Retrieved October 22, 2017 from Encyclopedia.com: http://www.encyclopedia.com/humanities/dictionaries-thesauruses-pictures-and-press-releases/assault-1

assault

assault •gestalt • asphalt •belt, Celt, dealt, dwelt, felt, gelt, knelt, melt, misdealt, pelt, Scheldt, smelt, spelt, svelte, veld, welt •fan belt • seat belt • lifebelt • sunbelt •rust belt • Copperbelt • heartfelt •underfelt • backveld • bushveld •Roosevelt •atilt, built, gilt, guilt, hilt, jilt, kilt, lilt, quilt, silt, spilt, stilt, tilt, upbuilt, wilt •Vanderbilt • volte •assault, Balt, exalt, fault, halt, malt, salt, smalt, vault •cobalt • stringhalt • basalt •somersault • polevault •bolt, colt, dolt, holt, jolt, moult (US molt), poult, smolt, volt •deadbolt • Humboldt • thunderbolt •megavolt • spoilt • Iseult •consult, cult, exult, indult, insult, penult, result, ult •adult • occult • tumult • catapult •difficult • Hasselt

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"assault." Oxford Dictionary of Rhymes. . Encyclopedia.com. 22 Oct. 2017 <http://www.encyclopedia.com>.

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"assault." Oxford Dictionary of Rhymes. . Retrieved October 22, 2017 from Encyclopedia.com: http://www.encyclopedia.com/humanities/dictionaries-thesauruses-pictures-and-press-releases/assault