assault

assault
Any willful attempt or threat to inflict injury upon the person of another, when coupled with an apparent present ability so to do, and any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm, constitutes an assault. An assault may be committed without actually touching, or striking, or doing bodily harm, to the person of another. State v. Murphy, 7 Wash.App. 505, 500 P.2d 1276, 1281.
Frequently used to describe illegal force which is technically a battery. For crime of assault victim need not be apprehensive of fear if the outward gesture is menacing and defendant intends to harm, though for tort of assault, element of victim's apprehension is required. Com. v. Slaney, 345 Mass. 135, 185 N.E.2d 919.
It is unlawful attempt to commit a battery. People v. Lopez, 271 C.A.2d 754, 77 Cal.Rptr. 59, 63.
In some jurisdictions degrees of the offense are established as first, second and even third degree assault.
- aggravated battery
- malicious assault with deadly weapon
aggravated assault
One committed with the intention of committing some additional crime; or one attended with circumstances of peculiar outrage or atrocity. This class includes assault with a dangerous weapon or deadly weapon (q.v.).
A person is guilty of aggravated assault if he:
(a) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; or
(b) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon. Model Penal Code, No. 211.1.
Simple assault.
An assault unaccompanied by any circumstances of aggravation. A person is guilty of simple assault if he
(a) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
(b) negligently causes bodily injury to another with a deadly weapon; or
(c) attempts by physical menace to put another in fear of imminent serious bodily injury. Model Penal Code, No. 211.1.
An unlawful attempt coupled with present ability to commit violent injury on person of another. People v. Gholston, 164 Colo. 58, 432 P.2d 636, 637.
See also menace

Black's law dictionary. . 1990.

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  • assault — as·sault 1 /ə sȯlt/ n [Old French assaut, literally, attack, ultimately from Latin assultus, from assilire to leap (on), attack] 1: the crime or tort of threatening or attempting to inflict immediate offensive physical contact or bodily harm… …   Law dictionary

  • ASSAULT — ASSAULT, the infliction of any degree of violence on the body of another person, whether injury results or not. The biblical injunction, he may be given up to 40 lashes but not more (Deut. 25:3), which applies to flogging by way of punishment,… …   Encyclopedia of Judaism

  • Assault — As*sault , n. [OE. asaut, assaut, OF. assaut, asalt, F. assaut, LL. assaltus; L. ad + saltus a leaping, a springing, salire to leap. See {Assail}.] 1. A violent onset or attack with physical means, as blows, weapons, etc.; an onslaught; the rush… …   The Collaborative International Dictionary of English

  • Assault — As*sault , v. t. [imp. & p. p. {Assaulted}; p. pr. & vb. n. {Assaulting}.] [From {Assault}, n.: cf. OF. assaulter, LL. assaltare.] 1. To make an assault upon, as by a sudden rush of armed men; to attack with unlawful or insulting physical… …   The Collaborative International Dictionary of English

  • assault — n *attack, onslaught, onset Analogous words: assailing, bombarding or bombardment, storming or storm (see corresponding verbs at ATTACK): *invasion, incursion, raid assault vb storm, *attack, bombard, assail …   New Dictionary of Synonyms

  • assault — [n] attack advance, aggression, charge, incursion, invasion, offensive, onset, onslaught, rape, storm, storming, strike, violation; concept 86 assault [v] attack abuse, advance, assail, bash, beset, blast, blitz, bushwhack, charge, come down on* …   New thesaurus

  • assault — ► NOUN 1) a violent attack. 2) Law an act that threatens physical harm to a person. 3) a concentrated attempt to do something difficult. ► VERB ▪ make an assault on. DERIVATIVES assaultive adjective …   English terms dictionary

  • assault — [ə sôlt′] n. [ME assaut < OFr assaut, assalt < VL * assaltus < assalire: see ASSAIL] 1. a violent attack, either physical or verbal 2. euphemism for RAPE1 3. Law an unlawful threat or unsuccessful attempt to do physical harm to another,… …   English World dictionary

  • assault at — ● assault …   Useful english dictionary

  • Assault — This article is about the criminal act. For tortious aspects of assault, see Assault (tort). For other uses, see Assault (disambiguation) …   Wikipedia

  • assault — {{Roman}}I.{{/Roman}} noun 1 crime of attacking sb ADJECTIVE ▪ brutal, ferocious, savage, vicious, violent ▪ armed ▪ criminal …   Collocations dictionary

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