Dictionary:

assault

  (ə-sôlt')

1. A violent physical or verbal attack.
2. 1. A military attack, such as one launched against a fortified area or place.
   2. The concluding stage of an attack in which close combat occurs with the enemy.
3. Law.
   1. An unlawful threat or attempt to do bodily injury to another.
   2. The act or an instance of unlawfully threatening or attempting to injure another.
4. 1. Law. Sexual assault.
   2. The crime of rape.

1. To make an assault upon; attack. See synonyms at attack.
2. To rape.

To make an assault.

[Middle English assaut, from Old French, from Vulgar Latin *assaltus, variant of Latin assultus, from past participle of assilīre, to jump on. See assail.]

Threatening act, physical and/or verbal, which causes a person to reasonably fear for life or safety. For example, if a boxing champion said he was going to hit someone, this would probably cause a reasonably prudent person to fear serious bodily injury. An insured's liability for assault is excluded from all standard liability policies such as the Special Multiperil Insurance (SMP) and the Homeowners Insurance Policy.

noun

The act of attacking: aggression, assailment, attack, attempt, offense, offensive, onrush, onset, onslaught, strike. See attack/defend.

verb

1. To set upon with violent force: aggress, assail, attack, beset, fall on (or upon), go at, have at, sail into, storm, strike. Informal light into, pitch into. See attack/defend.
2. To hit heavily and repeatedly with violent blows: assail, baste, batter, beat, belabor, buffet, drub, hammer, pound, pummel, smash, thrash, thresh. Informal lambaste. Slang clobber. Idioms: rain blows on. See attack/defend, strike/miss.
3. To compel (another) to participate in or submit to a sexual act: force, rape, ravish, violate. See sex/asexual.

Definition: attack
Antonyms: defense

An intentional, unlawful offer of bodily injury to another by force or unlawfully directing force toward another person to create a reasonable fear of imminent danger, coupled with the apparent ability to do the harm threatened if not prevented. A completed assault is a battery. In a medical setting, the unconsented touching of the body would be an assault and battery.

n. 1. the climax of an attack, closing with the enemy in hand-to-hand fighting.

2. in an amphibious operation, the period of time between the arrival of the major assault forces of the amphibious task force in the objective area and the accomplishment of the amphibious task force mission.

3. a phase of an airborne operation beginning with delivery by air of the assault echelon of the force into the objective area and extending through attack of assault objectives and consolidation of the initial airhead.

to make a short, violent, but well-ordered attack against a local objective, such as a gun emplacement, a fort, or a machine gun nest.

See the Introduction, Abbreviations and Pronunciation for further details.

At common 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.

(DOD) 1. The climax of an attack, closing with the enemy in hand-to-hand fighting. 2. In an amphibious operation, the period of time between the arrival of the major assault forces of the amphibious task force in the objective area and the accomplishment of the amphibious task force mission. 3. To make a short, violent, but well-ordered attack against a local objective, such as a gun emplacement, a fort, or a machine gun nest. 4. A phase of an airborne operation beginning with delivery by air of the assault echelon of the force into the objective area and extending through attack of assault objectives and consolidation of the initial airhead. See also assault phase; landing attack.

Criminal law
Part of the common law series
Criminal elements
Actus reus · Causation · Concurrence
Mens rea · Intention · Recklessness
Criminal negligence · Ignorantia juris…
Strict, Corporate & Vicarious liability
Crimes against people
Assault · Battery · Robbery
Sexual offences · Pimping · Rape
Kidnapping · Manslaughter · Murder
Crimes against property
Criminal damage · Arson
Theft · Burglary · Deception
Crimes against justice
Obstruction of justice · Bribery
Perjury · Malfeasance in office
Inchoate offenses
Attempt
Conspiracy · Accessory
Criminal defenses
Automatism, Intoxication & Mistake
Insanity · Diminished responsibility
Duress · Necessity
Provocation · Self defence
Other areas of the common law
Contract law · Tort law · Property law
Wills and trusts · Evidence
Portals: Law · Criminal justice

Assault is a crime of violence against another person. In some jurisdictions, including Australia and New Zealand assault refers to an act that causes another to apprehend immediate and personal violence, while in other jurisdictions, such as the United States, assault refers only to the threat of violence caused by an immediate show of force. Simple assaults that do not involve any aggravation such as use of a deadly weapon are distinguished from aggravated assaults in some juridictions.

Assault is often defined to include not only violence, but any physical contact with another person without their consent. In Common Law jurisdictions, including England and Wales and the USA, battery is the crime that represents the unlawful physical contact, though this distinction does not exist in all jurisdictions. Exceptions exist to cover unsolicited physical contact which amount to normal social behavior (for example, patting someone on the back): see (in England and Wales) Collins v. Wilcox[1984] 3 All ER 374.

In most jurisdictions, the intention to cause grievous bodily harm (or its equivalent) may amount to the mental requirement to prefer a charge of murder in circumstances where the harm inflicted upon the victim proves fatal. In England and Wales, this fact was criticised by Lord Edmund-Davies in Cunningham [1982] AC 566.

American jurisprudence

American common law has traditionally defined assault as an attempt to commit a battery.

Assault is typically treated as a misdemeanor and not as a felony (unless it involves a law enforcement officer). The more serious crime of aggravated assault is treated as a felony.

Four elements were required at common law:

1. The apparent, present ability to carry out;
2. An unlawful attempt;
3. To commit a violent injury;
4. Upon another.

As the criminal law evolved, element 1 was weakened in most jurisdictions so that a reasonable fear of bodily injury would suffice. These four elements were eventually codified in most states.

Modern American statutes define assault as:

1. an attempt to cause or purposely, knowingly, or recklessly causing bodily injury to another; or,
2. negligently causing bodily injury to another with a deadly weapon.

Some states also define assault as an attempt to menace (or actual menacing) by placing another person in fear of imminent serious bodily injury.

States vary whether it is possible to commit an "attempted assault" since it can be considered a double inchoate offense.

In some states, consent is a complete defense to assault. In other jurisdictions, mutual consent is an incomplete defense, with the result that the misdemeanor is treated as a petty misdemeanor.

Furthermore, the crime of assault generally requires that both the perpetrator and the victim of an assault are human. Thus, there is no assault if an ox gores a man. However, the Unborn Victims of Violence Act of 2004 treats the fetus as a separate person for the purposes of assault and other violent crimes, under certain limited circumstances. See H.R. 1997 / P.L. 108-212

Some possible examples of defenses, mitigating circumstances, or failures of proof are:

• A defendant could argue that since he was drunk, he could not form the specific intent to commit assault. This defense would most likely fail since only involuntary intoxication is accepted as a defense in most American jurisdictions.
• The defendants could also argue that they were engaged in mutually consensual behavior.

Aggravated assault

Aggravated assault is, in some jurisdictions, a stronger form of assault, usually using a deadly weapon. A person has committed an aggravated assault when that person:

• attempts to cause serious bodily injury to another person; or
• causes such injury purposely, knowingly, or recklessly in circumstances where the person has exhibited indifference to human life; or
• attempts or causes bodily injury to another person with a deadly weapon.

Aggravated assault is usually differentiated from simple assault by the offender's intent (i.e., to murder, to rape etc.), the extent of the injury to the victim, or the use of a deadly weapon, although legal definitions vary between jurisdictions. Sentences for aggravated assault are generally more severe, reflecting the greater degree of harm or malice intended by the perpetrator.

General defenses to assaults

Although the range and precise application of defenses varies between jurisdictions, the following represents a list of the defenses that may apply to all levels of assault:

Consent

Consent may be a complete or partial defense to assault. In some jurisdictions, most notably England, it is not a defense where the degree of injury is severe, as long as there is no legally recognised good reason for the assault.^[1]. This can have important consequences when dealing with issues such as consensual sadomasochistic sexual activity, the most notable case being the Operation Spanner case. Legally recognised good reasons for consent include; surgery, activities within the rules of a game (Burnes), bodily adornment (R v Wilson), or horseplay (Jones and others). However, any activity outside the rules of the game is not legally recognised as a defence of consent.

Arrest and other official acts

Police officers and court officials have a general power to use force for the purpose of effecting an arrest or generally carrying out their official duties. Thus, a court officer taking possession of goods under a court order may use force if reasonably necessary. However in Scottish Law, consent is not a defense for assault.

Punishment

In some jurisdictions, caning and other forms of corporal punishment are a part of the culture. Evidently, if it is a state-administered punishment, e.g. as in Singapore, the officers who physically administer the punishment have immunity. Some states also permit the use of less severe punishment for children in school and at home by parents. In English law, s58 Children Act 2004, limits the availability of the lawful correction defense to common assault under s39 Criminal Justice Act 1988.

Self-defense

Self defense and defense of others may be defenses to liability. They usually require that force was necessary and the degree of force was reasonable.

Prevention of crime

This may or may not involve self defense in that, using a reasonable degree of force to prevent another from committing a crime could involve preventing an assault, but it could be preventing a crime not involving the use of personal violence.

Defense of property

Some states allow force to be used in defense of property, to prevent damage either in its own right, or under one or both of the preceding classes of defense in that a threat or attempt to damage property might be considered a crime (in English law, under s5 Criminal Damage Act 1971 it may be argued that the defendant has a lawful excuse to damaging property during the defense and a defense under s3 Criminal Law Act 1967) subject to the need to deter vigilantes and excessive self-help.

Assault in England and Wales

In England and Wales, an assault consists of a person intentionally or recklessly causing another person to apprehend immediate and unlawful violence.

Causing a person to apprehend violence can be committed by way of action or words: Ireland [1998] AC 147. Of course, words can also mean that otherwise threatening actions are rendered not capable of being an assault, as in the celebrated case of Tuberville v. Savage (1669 1 Mod 3, T). In that case, the Defendant told the Complainant (while putting his hand on his sword) that he would not stab him, because the circuit judge was visiting town for the local assizes. On that basis, the Complainant was deemed to have known that he was not about to be injured, and no assault was held to have been committed.

The "immediacy" required has been the subject of some debate. The leading case, again, is Ireland [1998] AC 147. The House of Lords held that the making of silent telephone calls could amount to an assault, if it caused the victim to believe that physical violence might be used against him in the immediate future. One example of "immediacy" adopted by the House in that case was that a man who said, "I will be at your door in a minute or two," might (in the circumstances where those words amounted to a threat) be guilty of an assault.

Section 39 of the Criminal Justice Act 1988 provides that Common Assault, like Battery, is triable only in the magistrates court in England and Wales (unless it is linked to a more serious offense which is triable in the Crown Court). Additionally, if a Defendant has been charged on an indictment with assault occasioning actual bodily harm (ABH), or racially/religiously aggravated assault, then a jury in the Crown Court may acquit the Defendant of the more serious offense, but still convict of common assault if it finds common assault has been committed.

Because common assault is a summary-only offense, its maximum penalty is 6 months' imprisonment, or a "level 5 fine" (currently up to £5,000). The "starting sentence" for a first time offender pleading guilty is normally a community penalty.

Variations of Assault in England and Wales

English law makes distinctions based on the degree of injury, between:

• common assault (which includes even the most minor assault), and:
• assault occasioning actual bodily harm (ABH).

Furthermore, English law also provides for the offense of grievous bodily harm (GBH). GBH may be committed by way of an assault, though an assault is not a necessary ingredient of either inflicting grievous bodily harm pursuant to s.20 of the Offenses Against the Person Act 1861 or causing grievous bodily harm with intent pursuant to s.18 of the same Act (Ireland [1998] AC 147, per Lord Steyn at p. 160).

Racially/Religiously Aggravated Assault If an assault is prosecuted as being racially or religiously aggravated, then it is triable either way (in the Crown Court or magistrates court). The maximum penalty in this case is up to two years' imprisonment, or a fine of up to the statutory maximum.

Assault with Intent to Resist Arrest The offender may intend to resist either his own or someone else's arrest. This offense is also triable either way, and punishable by up to two years' imprisonment.

Assault upon a constable in the execution of his duty This offense is triable only in the magistrates court, so the maximum sentence is 6 months' imprisonment. The "starting sentence," however, is a short custodial sentence, and it is considered a more serious offense than common assault.

The constable (normally a police officer) must be acting "in the execution of his duty" for this offense to be made out. If he exceeds the remit of his duty (e.g. acts unlawfully in assaulting the Defendant), the offense will not be made out.

The Defendant does not actually have to be aware that the person he is assaulting is a constable (Forbes (1865) 10 Cox CC 362).

See also

• Affray
• Battery (crime)
• Assault (tort)
• Street fighting
• Domestic violence
• Gay-bashing
• Hate crime
• Mayhem
• Misdemeanor
• Offences Against The Person Act 1861
• Terroristic Threats

References

1. ^ (RvG ref 6. 1980): see R v Brown (1993) 2 All ER 75)

External links

• Crime prevention: theory & practice
• H.R. 1997 / P.L. 108-212 Unborn Victims of Violence Act of 2004

This entry is from Wikipedia, the leading user-contributed encyclopedia. It may not have been reviewed by professional editors (see full disclaimer)

Dansk (Danish)
v. tr. - angribe, overfalde
v. intr. - angribe, overfalde
n. - angreb, overfald

idioms:

• assault and battery    vold og legemesbeskadigelse, grov vold
• assault course    træningsbane, øvelsesbane
• sexual assault    voldtægt, voldtægtsforsøg

Nederlands (Dutch)
gewelddadige aanval (fysiek/verbaal), aanranding, bedreiging (juridisch), overrompeling van fortificatie, enthousiast begin aan moeilijk taak, heftig aanvallen, aanranden, bestormen, aanvals-

Français (French)
v. tr. - attaquer, agresser, (Jur) se livrer à des voies de fait sur, violenter (une femme), (fig) blesser, (Mil) donner l'assaut
v. intr. - donner l'assaut à, aller/monter à l'assaut de, être victime d'une agression
n. - attaque, attentat, agression

idioms:

• assault and battery    coups et blessures, voies de fait
• assault course    (Mil) parcours du combattant
• sexual assault    agression sexuelle

Deutsch (German)
v. - angreifen, herfallen über, vergewaltigen
n. - Ansturm, Angriff, Vergewaltigung

idioms:

• assault and battery    tätlicher Angriff
• assault course    Hindernisstrecke (für die Truppenausbildung)
• sexual assault    Vergewaltigung

Ελληνική (Greek)
v. - επιτίθεμαι σε, κακοποιώ, βιάζω
n. - (βίαιη) επίθεση, έφοδος, βιασμός, κακοποίηση

idioms:

• assault and battery    (νομ.) κακοποίηση, άδικη επίθεση
• assault course    δρόμος μετ' εμποδίων για εκπαίδευση στρατιωτικού προσωπικού
• sexual assault    επίθεση με ανήθικους σκοπούς, απόπειρα βιασμού

Italiano (Italian)
assalire, stuprare, assalto, attentato, stupro

idioms:

• assault and battery    violenza
• assault course    corsa a ostacoli
• sexual assault    stupro

Português (Portuguese)
v. - assaltar, atacar, investir, violar, agredir
n. - assalto (m) (Mil.), estupro (m), ataque (m) (Mil.)

idioms:

• assault and battery    agressão (f) (Jur.)
• assault course    curso (m) de ataque (Mil.)
• indecent assault    violação (f), estupro (m)
• sexual assault    assédio (m) sexual

Русский (Russian)
атаковать, штурмовать, изнасиловать (эвф.), наброситься на, действовать резко, грубо

idioms:

• assault and battery    жестокое нападение
• assault course    курс препятствий для тренирования войск
• indecent assault    изнасилование
• sexual assault    изнасилование

Español (Spanish)
v. tr. - asaltar, atacar, violar, agredir
v. intr. - cometer o participar de un asalto, ataque, agresión o violación
n. - asalto, atentado, agresión, abuso deshonesto

idioms:

• assault and battery    amenazas y agresión, maltrato de obra y palabra
• assault course    ruta de obstáculos, entrenamiento militar
• sexual assault    abuso deshonesto, atentado sexual

Svenska (Swedish)
v. - anfalla, överfalla, våldta
n. - anfall, stormning, övervåld

中文（简体） (Chinese (Simplified))
攻击, 抨击, 谴责, 袭击, 对...施暴, 动武, 侵犯人身, 强奸, 施暴

idioms:

• assault and battery    故意伤害, 企图伤害和殴打
• assault course    袭击过程
• sexual assault    妨害风化罪

中文（繁體） (Chinese (Traditional))
v. tr. - 攻擊, 抨擊, 譴責, 襲擊, 對...施暴
v. intr. - 動武
n. - 襲擊, 攻擊, 侵犯人身, 抨擊, 譴責, 強姦, 施暴

idioms:

• assault and battery    故意傷害, 企圖傷害和毆打
• assault course    襲擊過程
• sexual assault    妨害風化罪

한국어 (Korean)
v. tr. - 공격하다, 폭행하다
v. intr. - 공격하다, 폭행하다
n. - 강습, 돌격, 강간

日本語 (Japanese)
n. - 襲うこと, 襲撃, 非難, 暴行
v. - 襲撃する, 暴行を加える, 激しく非難する, 暴行する

idioms:

• assault and battery    暴行
• assault course    軍事教練場

العربيه (Arabic)
‏(فعل) تهجم, اعتدا, اغتصاب (الاسم) هجوم انقضاض‏

עברית (Hebrew)
v. tr. - ‮תקף, הסתער, התנפל, אנס‬
v. intr. - ‮תקף‬
n. - ‮התקפה, הסתערות, התנפלות, תקיפה, אונס‬

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