Assault

:This article is about the crime of assault; for the intentional tort, see assault (tort). For the 1988 arcade game, see Assault

American Jurisprudence

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

Related Topics:
Common law - Battery

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Assault is typically treated as a misdemeanor and not as a felony. The more serious crime of aggravated assault is treated as a felony.

Related Topics:
Misdemeanor - Felony - Aggravated assault

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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.

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Modern American statutes define assault as:

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1) an attempt to cause or purposely, knowingly, or recklessly causing bodily injury to another; or,

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2) negligently causing bodily injury to another with a deadly weapon.

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

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

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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.

Related Topics:
Consent - Misdemeanor - Petty misdemeanor

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