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From: https://en.wikipedia.

org/wiki/Assault

Assault
In law, assault is a crime which involves causing a victim to apprehend violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more limited sense of a threat of violence caused by an immediate show of force.[1][2] Assault in some US jurisdictions[which?] is defined more broadly still as any intentional physical contact with another person without their consent; but in the majority of the United States, and in England and Wales and all other common law jurisdictions in the world, this is defined instead as battery. Some jurisdictions have incorporated the definition of civil assault into the definition of the crime making it a criminal assault to intentionally cause another person to apprehend a harmful or offensive contact.

Definition
[edit] Battery
In common law, criminal assault often accompanied battery. See common assault. The elements of battery are (1) a volitional act[3] (2) done for the purpose of causing a harmful or offensive contact with another person or under circumstances that make such contact substantially certain to occur and (3) which causes such contact.[4] Thus throwing a rock at someone for the purpose of hitting him is a battery if the rock in fact strikes the person and is an assault if the rock misses. The fact that the person may have been unaware that the rock had been thrown at him is irrelevant under this definition of assault.

[edit] Aggravated assault


Aggravated assault is, in some jurisdictions, a stronger form of assault, usually using a deadly weapon. [5] A person has committed an aggravated assault when that person: attempts to cause serious bodily injury to another person such as in the case of kidnapping attempts to have sexual activity with another person under the age of consent attempts or causes bodily injury to another person with a deadly weapon. Aggravated assault can also be charged in cases of attempted harm against police officers or other public servants, or for bodily harm stemming from the reckless operation of a motor vehicle. The latter is often referred to as either vehicular assault or aggravated assault with a motor vehicle.

References
1. ^ Arkansas Code, Title 5, Chapter 13, Subchapter 2, 205207 2. ^ California Penal Code, Part 1, Chapter 9, 240

From: https://en.wikipedia.org/wiki/Assault_%28tort%29

Assault (tort)
In common law, assault is the tort of acting intentionally, that is with either general or specific intent, causing the reasonable apprehension of an immediate harmful or offensive contact. Because assault requires intent, it is considered an intentional tort, as opposed to a tort of negligence. Actual ability to carry out the apprehended contact is not necessary. As distinguished from battery, assault need not involve actual contactit only needs intent and the resulting apprehension. However, assault requires more than words alone. For example, wielding a knife while shouting threats could be construed as assault if an apprehension was created. A battery can occur without a preceding assault, such as if a person is struck in the back of the head. Fear is not required, only anticipation of subsequent battery. Three elements must be established in order to establish tortious assault: (1). the plaintiff apprehended immediate physical contact, (2). the plaintiff had reasonable apprehension (the requisite state of mind) and (3). the defendant's act of interference was intentional (the defendant intended the resulting apprehension). But intent for purposes of civil assault can be either general or specific. Specific intent means that when the defendant acted, he or she intended to cause apprehension of a harmful or unwanted contact. General intent means that the defendant knew with substantial certainty that the action would put someone in apprehension of a harmful or unwanted contact. While the law varies by jurisdiction, contact is often defined as "harmful" if it objectively intends to injure, disfigure, impair, or cause pain. The act is deemed "offensive" if it would offend a reasonable persons sense of personal dignity. While "imminence" is judged objectively and varies widely on the facts, it generally suggests there is little to no opportunity for intervening acts. Lastly, the state of "apprehension" should be differentiated from the general state of fear, as apprehension requires only that the person be aware of the imminence of the harmful or offensive act. Assault can be justified in situations of self-defence or defence of a third party where the act was deemed reasonable. It can also be justified in the context of a sport where consent can often be implied. In Criminal Law an assault is defined as an attempt to commit battery, requiring the specific intent to cause physical injury.[1]

[edit] References
1. ^ Garner Black's Law Dictionary p. 122