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Assault
Physical or verbal attack of another person

In law, assault involves causing physical harm or unwanted contact, or threatening such harm, and is both a crime and a tort, leading to criminal prosecution or civil liability. Traditionally, common law distinguishes assault as a threat and battery as actual bodily contact, though some jurisdictions merge these into a single offense called "assault." Legal systems such as civil law and Scots law do not differentiate them. Severity varies: in the United States, assault may be a misdemeanor or felony, while in England and Wales and Australia, charges range from common assault to grievous bodily harm. Assaults may overlap with crimes like attempted murder.

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Battery

Main article: Battery (crime)

Battery is a criminal offense that involves the use of physical force against another person without their consent.121314 It is a type of assault and is considered a serious crime. Battery can include a wide range of actions, from slapping someone to causing serious harm or even death.1516 Depending on the severity of the offense, it can carry a wide range of punishments, including jail time, fines, and probation.

In jurisdictions that make a distinction between the two, assault usually accompanies battery if the assailant both threatens to make unwanted contact and then carries through with this threat. See common assault. The elements of battery are that it is a volitional act,17 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 which causes such contact.18

Aggravated assault

Aggravated assault is a violent crime that involves violence or the threat of violence.1920 It is generally described as an intentional act that causes another person to fear imminent physical harm or injury. This can include the use of a weapon, or the threat of using a weapon. It is usually considered a felony offense and can carry severe penalties. Aggravated assault is often considered a very serious crime and can lead to long-term prison sentences.212223

Aggravated assault is, in some jurisdictions, a stronger form of assault, usually using a deadly weapon.24 A person has committed an aggravated assault when that person attempts to:

  • cause serious bodily injury to another person with a deadly weapon25
  • have sexual relations with a person who is under the age of consent
  • cause bodily harm by recklessly operating a motor vehicle during road rage; often referred to as either vehicular assault or aggravated assault with a motor vehicle.

Aggravated assault can also be charged in cases of attempted harm against police officers or other public servants.26272829

Defenses

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

Exceptions exist to cover unsolicited physical contact which amount to normal social behavior known as de minimis harm. Assault can also be considered in cases involving the spitting on or unwanted exposure of bodily fluids to others.30

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 recognized good reason for the assault.31 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 recognized good reasons for consent include surgery, activities within the rules of a game (mixed martial arts, wrestling, boxing, or contact sports), bodily adornment (R v Wilson [1996] Crim LR 573), or horseplay (R v Jones [1987] Crim LR 123). However, any activity outside the rules of the game is not legally recognized as a defense of consent. In Scottish law, consent is not a defense for assault.32

Arrest and other official acts

Police officers and court officials have a general power to use force for the purpose of performing 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.

Punishment

In some jurisdictions such as Singapore, judicial corporal punishment is part of the legal system. The officers who administer the punishment have immunity from prosecution for assault.

In the United States, England, Northern Ireland, Australia and Canada, corporal punishment administered to children by their parent or legal guardian is not legally considered to be assault unless it is deemed to be excessive or unreasonable. What constitutes "reasonable" varies in both statutory law and case law. Unreasonable physical punishment may be charged as assault or under a separate statute for child abuse.

In English law, s. 58 Children Act 2004 limits the availability of the lawful correction defense to common assault.33 This defence was abolished in Wales in 2022.34

Many countries, including some US states, also permit the use of controversial corporal punishment for children in school or home.

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 jurisdictions 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 damage property during the defense and a defense under s3 Criminal Law Act 1967) subject to the need to deter vigilantes and excessive self-help. Furthermore, some jurisdictions, such as Ohio, allow residents in their homes to use force when ejecting an intruder. The resident merely needs to assert to the court that they felt threatened by the intruder's presence.

By country

Statistics

Further information: Crime statistics

The below table shows the rate of reported serious assault for individual countries according to United Nations Office on Drugs and Crime for the last available year.35

CountryReportedserious assaults per 100,00036Year
 Albania5.42022
 Algeria39.12022
 Andorra327.52019
 Antigua and Barbuda3.22022
 Argentina366.92022
 Armenia7.42019
 Australia288.92022
 Austria48.42022
 Azerbaijan3.22021
 Bahamas878.62022
 Bahrain329.12008
 Bangladesh0.42006
 Barbados326.32022
 Belarus7.42019
 Belgium500.52021
 Belize310.42022
 Benin46.02017
 Bermuda58.52017
 Bhutan107.22020
 Bolivia80.12022
 Bosnia and Herzegovina15.62022
 Botswana745.32014
 Brazil216.82020
 Brunei Darussalam121.02006
 Bulgaria46.22022
 Burundi5.22014
 Cabo Verde527.82018
 Cameroon19.02020
 Canada209.62022
 Chile84.52022
 Colombia249.72022
 Costa Rica144.42022
 Croatia19.32022
 Cyprus14.12022
 Czech Republic39.72022
 Denmark36.72022
 Dominica1020.12022
 Dominican Republic27.82022
 Ecuador37.12022
 Egypt0.42011
 El Salvador76.72022
England and Wales950.72022
 Estonia4.42022
 Eswatini352.12021
 Finland31.22022
 France606.32022
 Georgia5.12019
 Germany173.52022
 Ghana155.12021
 Greece12.82022
 Grenada1790.52022
 Guatemala121.82021
 Guinea3.12007
 Guinea-Bissau109.02016
 Guyana210.72022
 Haiti11.62018
 Honduras21.42022
 Hong Kong49.82022
 Hungary136.62014
 Iceland39.22022
 India25.92013
 Indonesia12.12022
 Iraq (Central)0.02020
 Ireland121.32022
 Israel82.82022
 Italy106.42022
 Ivory Coast50.02008
 Jamaica90.72022
 Japan15.72022
 Jordan6.62022
 Kazakhstan11.22017
 Kenya41.82022
 Kosovo19.02021
 Kuwait24.52009
 Kyrgyzstan0.52020
 Latvia29.12022
 Lebanon119.72016
 Lesotho364.92009
 Liechtenstein259.42022
 Lithuania5.32022
 Luxembourg107.52022
 Macau0.12022
 Madagascar8.82015
 Malaysia12.12021
 Maldives74.92017
 Malta41.32022
 Mauritius20.92021
 Mexico51.02022
 Moldova5.32020
 Monaco535.92015
 Mongolia11.12021
 Montenegro20.42022
 Morocco155.12022
 Mozambique2.32009
 Myanmar1.62022
 Namibia374.12021
 Nepal0.22016
 Netherlands27.92022
 New Zealand932.22021
 Nicaragua14.72019
 Nigeria9.42013
 North Macedonia6.52022
 Northern Ireland45.12022
 Norway35.62022
 Oman0.82022
 Pakistan11.62022
 Palestine13.22022
 Panama112.82022
 Paraguay8.42022
 Peru9.02022
 Philippines1.12019
 Poland12.92022
 Portugal7.22022
 Puerto Rico108.72022
 Qatar0.42021
 Romania1.22022
 Russia13.02020
 Rwanda29.72013
 Saint Kitts and Nevis358.82022
 Saint Lucia850.12022
 Saudi Arabia52.72019
 Scotland58.02022
 Senegal2.42010
 Serbia73.42022
 Sierra Leone326.22008
 Singapore7.72022
 Slovakia22.92022
 Slovenia5.42022
 Solomon Islands212.62008
 South Africa295.52017
 South Korea51.72022
 Spain42.62022
 Sri Lanka12.72019
 St. Vincent and Grenadines416.62022
 Suriname99.52022
 Sweden44.02022
 Switzerland8.72022
 Syria0.72018
 São Tomé and Príncipe2.22011
 Tajikistan48.02011
 Tanzania4.52015
 Thailand13.52022
 Trinidad and Tobago47.92018
 Turkey101.72014
 Turkmenistan1.72006
 Uganda14.32017
 Ukraine3.82020
 United Arab Emirates2.22022
 United States of America280.62022
 Uruguay15.32022
 Uzbekistan3.92021
 Vatican City0.02022
 Venezuela6.32018
 Yemen0.12009
 Zimbabwe408.32008

Australia

The term 'assault', when used in legislation, commonly refers to both common assault and battery, even though the two offences remain distinct. Common assault involves intentionally or recklessly causing a person to apprehend the imminent infliction of unlawful force, whilst battery refers to the actual infliction of force.37

Each state has legislation relating to the act of assault, and offences against the act that constitute assault are heard in the magistrates' court of that state or indictable offences are heard in a district or supreme court of that state. The legislation that defines assault of each state outline what the elements are that make up the assault, where the assault is sectioned in legislation or criminal codes, and the penalties that apply for the offence of assault.38

In New South Wales, the Crimes Act 190039 defines a range of assault offences deemed more serious than common assault and which attract heavier penalties. These include:

Assault with further specific intent

  • Acts done to the person with intent to murder40
  • Wounding or grievous bodily harm41
  • Use or possession of a weapon to resist arrest42

Assault causing certain injuries

  • Actual bodily harm43 – the term is not defined in the Crimes Act, but case law indicates actual bodily harm may include injuries such as bruises and scratches,44 as well as psychological injuries45 if the injury inflicted is more than merely transient (the injury does not necessarily need to be permanent)46
  • Wounding47 – where there is breaking of the skin;48
  • Grievous bodily harm49 – which includes the destruction of a fetus, permanent or serious disfiguring, and transmission of a grievous bodily disease50

Assault causing death

  • Death51
  • Death when intoxicated (in regards to the offender)52

Canada

Assault is an offence under s. 265 of the Canadian Criminal Code.53 There is a wide range of the types of assault that can occur. Generally, an assault occurs when a person directly or indirectly applies force intentionally to another person without their consent. It can also occur when a person attempts to apply such force, or threatens to do so, without the consent of the other person. An injury need not occur for an assault to be committed, but the force used in the assault must be offensive in nature with an intention to apply force. It can be an assault to "tap", "pinch", "push", or direct another such minor action toward another, but an accidental application of force is not an assault.

The potential punishment for an assault in Canada varies depending on the manner in which the charge proceeds through the court system and the type of assault that is committed. The Criminal Code defines assault as a dual offence (indictable or summary offence). Police officers can arrest someone without a warrant for an assault if it is in the public's interest to do so notwithstanding S.495(2)(d) of the Code.54 This public interest is usually satisfied by preventing a continuation or repetition of the offence on the same victim.

Some variations on the ordinary crime of assault include:

  • Assault: The offence is defined by section 265 of the Code.55
  • Assault with a weapon: Section 267(a) of the Code.56
  • Assault causing bodily harm: Section 267(b) of the Code.57
  • Aggravated assault: Section 268 of the Code.58
  • Assaulting a peace officer, etc.: Section 270 of the Code.59
  • Sexual assault: Section 271 of the Code.60
  • Sexual assault with a weapon or threats or causing bodily harm: Section 272 of the Code.61
  • Aggravated sexual assault: See aggravated sexual assault.

An individual cannot consent to an assault with a weapon, assault causing bodily harm, aggravated assault, or any sexual assault. Consent will also be vitiated if two people consent to fight but serious bodily harm is intended and caused (R v Paice; R v Jobidon). A person cannot consent to serious bodily harm.

Ancient Greece

Assault in Ancient Greece was normally termed hubris. Contrary to modern usage, the term did not have the extended connotation of overweening pride, self-confidence or arrogance, often resulting in fatal retribution. In Ancient Greece, "hubris" referred to actions which, intentionally or not, shamed and humiliated the victim, and frequently the perpetrator as well. It was most evident in the public and private actions of the powerful and rich.

Violations of the law against hubris included, what would today be termed, assault and battery; sexual crimes ranging from forcible rape of women or children to consensual but improper activities; or the theft of public or sacred property.62 Two well-known cases are found in the speeches of Demosthenes, a prominent statesman and orator in ancient Greece. These two examples occurred when first, in addition to other acts of violence, Meidias allegedly punched Demosthenes in the face in the theater (Against Meidias), and second (Against Konon), when the defendant allegedly severely beat him.

Hubris, though not specifically defined, was a legal term and was considered a crime in classical Athens. It was also considered the greatest sin of the ancient Greek world. That was so because it not only was proof of excessive pride, but also resulted in violent acts by or to those involved. The category of acts constituting hubris for the ancient Greeks apparently broadened from the original specific reference to mutilation of a corpse, or a humiliation of a defeated foe, or irreverent, "outrageous treatment", in general.

The meaning was eventually further generalized in its modern English usage to apply to any outrageous act or exhibition of pride or disregard for basic moral laws. Such an act may be referred to as an "act of hubris", or the person committing the act may be said to be hubristic. Atë, Greek for 'ruin, folly, delusion', is the action performed by the hero, usually because of their hubris, or great pride, that leads to their death or downfall.

Crucial to this definition are the ancient Greek concepts of honor (timē) and shame. The concept of timē included not only the exaltation of the one receiving honor, but also the shaming of the one overcome by the act of hubris. This concept of honor is akin to a zero-sum game. Rush Rehm simplifies this definition to the contemporary concept of "insolence, contempt, and excessive violence".

India

The Indian Penal Code covers the punishments and types of assault in Chapter 16,63 sections 351 through 358.

Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault.

— §351 of the Indian Penal Code64

The Code further explains that "mere words do not amount to an assault. But the words which a person uses may give to their gestures or preparation such a meaning as may make those gestures or preparations amount to an assault". Assault is in Indian criminal law an attempt to use criminal force (with criminal force being described in s.350). The attempt itself has been made an offence in India, as in other states.

Nigeria

The Criminal Code Act (chapter 29 of Part V; sections 351 to 365) creates a number of offences of assault.65 Assault is defined by section 252 of that Act. Assault is a misdemeanor punishable by one year imprisonment; assault with "intent to have carnal knowledge of him or her" or who indecently assaults another, or who commits other more-serious variants of assault (as defined in the Act) are guilty of a felony, and longer prison terms are provided for.66

Pacific Islands

Marshall Islands

The offence of assault is created by section 113 of the Criminal Code.67 A person is guilty of this offence if they unlawfully offer or attempt, with force or violence, to strike, beat, wound, or do bodily harm to, another.

Republic of Ireland

Section 2 of the Non-Fatal Offences against the Person Act 1997 creates the offence of assault, and section 3 of that Act creates the offence of assault causing harm.

South Africa

South African law does not draw the distinction between assault and battery. Assault is a common law crime defined as "unlawfully and intentionally applying force to the person of another, or inspiring a belief in that other that force is immediately to be applied to him". The law also recognises the crime of assault with intent to cause grievous bodily harm, where grievous bodily harm is defined as "harm which in itself is such as seriously to interfere with health".68 The common law crime of indecent assault was repealed by the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, and replaced by a statutory crime of sexual assault.

United Kingdom

Piracy with violence Section 2 of the Piracy Act 1837 provides that it is an offence, amongst other things, for a person, with intent to commit or at the time of or immediately before or immediately after committing the crime of piracy in respect of any ship or vessel, to assault, with intent to murder, any person being on board of or belonging to such ship or vessel. Assault on an officer of Revenue and Customs This offence (relating to officers of HMRC) is created by section 32(1) of the Commissioners for Revenue and Customs Act 2005. Assaulting an immigration officer This offence is created by section 22(1) of the UK Borders Act 2007. Assaulting an accredited financial investigator This section is created by section 453A of the Proceeds of Crime Act 2002.69 Assaulting a member of an international joint investigation team This offence is created by section 57(2) Archived 26 February 2021 at the Wayback Machine of the Serious Organised Crime and Police Act 2005. Attacks on internationally protected persons Section 1(1)(a) of the Internationally Protected Persons Act 1978 (c.17) makes provision for assault occasioning actual bodily harm or causing injury on "protected persons" (including Heads of State). Attacks on UN Staff workers Section 1(2)(a) of the United Nations Personnel Act 1997 (c.13) makes provision for assault causing injury, and section 1(2)(b) makes provision for assault occasioning actual bodily harm, on UN staff. Assault by person committing an offence under the Night Poaching Act 1828 This offence is created by section 2 of the Night Poaching Act 1828.

Abolished offences:

Assault on customs and excise officers, etc. Section 16(1)(a) of the Customs and Excise Management Act 1979 (c.2) provided that it was an offence to, amongst other things, assault any person duly engaged in the performance of any duty or the exercise of any power imposed or conferred on him by or under any enactment relating to an assigned matter, or any person acting in his aid. For the meaning of "assault" in this provision, see Logdon v. DPP [1976] Crim LR 121, DC. This offence was abolished and replaced by the Commissioners for Revenue and Customs Act 2005. Assaulting a person designated under section 43 of the Serious Organised Crime and Police Act 2005 This offence was created by section 51(1) of the Serious Organised Crime and Police Act 2005. It related to officers of the Serious Organized Crime Agency and was repealed when that agency was abolished.

England and Wales

See also: Battery (crime) § England and Wales

English law provides for two offences of assault: common assault and battery. Assault (or common assault) is committed if one intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence. Violence in this context means any unlawful touching, though there is some debate over whether the touching must also be hostile. The terms "assault" and "common assault" often encompass the separate offence of battery, even in statutory settings such as section 40(3)(a) of the Criminal Justice Act 1988 (c. 33).

A common assault is an assault that lacks any of the aggravating features which Parliament has deemed serious enough to deserve a higher penalty. Section 39 of the Criminal Justice Act 1988 provides that common assault, like battery, is triable only in a magistrates' court in England and Wales (unless it is linked to a more serious offence, 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 offence, but still convict of common assault if it finds common assault has been committed.

Aggravated assault

An assault which is aggravated by the scale of the injuries inflicted may be charged as offences causing "actual bodily harm" (ABH) or, in the severest cases, "grievous bodily harm" (GBH).

Assault occasioning actual bodily harm This offence is created by section 47 of the Offences against the Person Act 1861 (24 & 25 Vict. c. 100). Inflicting grievous bodily harm Also referred to as "malicious wounding" or "unlawful wounding". This offence is created by section 20 of the Offences against the Person Act 1861 (24 & 25 Vict. c. 100). Causing grievous bodily harm with intent Also referred to as "wounding with intent". This offence is created by section 18 of the Offences against the Person Act 1861 (24 & 25 Vict. c. 100).

Other aggravated assault charges refer to assaults carried out against a specific target or with a specific intent:

Assault with intent to rob The penalty for assault with intent to rob, a common law offence, is provided by section 8(2) of the Theft Act 1968. Racially or religiously aggravated common assault This offence is created by section 29(1)(c) of the Crime and Disorder Act 1998 (c. 37), defined in terms of the common law offence. Racially or religiously aggravated assault occasioning actual bodily harm This offence is created by section 29(1)(b) of the Crime and Disorder Act 1998 (c. 37), defined in terms of the common law offence. Assault with intent to resist arrest This offence is created by section 38 of the Offences against the Person Act 1861 (24 & 25 Vict. c. 100). Assaulting a constable in the execution of his duty Section 89(1) of the Police Act 1996 (c. 16) provides that it is an offence for a person to assault a constable acting in the execution of his duty or a person assisting a constable in the execution of his duty. It is a summary offence with the same maximum penalty as common assault. Assaulting a traffic officer This offence is created by section/10 section 10(1) of the Traffic Management Act 2004 (c. 18). This offence applies to Traffic Wardens, Civil Enforcement Officers and PCSOs if they have been conferred with road traffic powers by their force. Assaulting a person designated or accredited under sections 38 or 39 or 41 or 41A of the Police Reform Act 2002 This offence is created by section/46 section 46(1) of the Police Reform Act 2002 (c. 30). Those sections relate respectively to persons given police powers by a chief police officer, such as PCSOs detention officers or contractors retained by police, accredited contractors under a community safety accreditation scheme, and weights and measures inspectors. Assault on a prison custody officer This offence is created by section 90(1) of the Criminal Justice Act 1991 (c. 53). Assault on a secure training centre custody officer This offence is created by section 13(1) of the Criminal Justice and Public Order Act 1994 (c. 33). Assault on officer saving wreck This offence is created by section 37 of the Offences against the Person Act 1861 (24 & 25 Vict. c. 100). Assaulting an officer of the court This offence is created by section 14(1)(b) of the County Courts Act 1984 (c. 28). Cruelty to persons under sixteen This offence is created by section 1(1) of the Children and Young Persons Act 1933 (23 & 24 Geo. 5. c. 12) and applies to a person who has responsibility for the child. In England (but not Wales since 2022), common law provides a defence of "reasonable punishment" to battery (i.e. assaults involving touching); the Children Act 2004 (c. 31) limits the defence to exclude, among other offences, cruelty under the 1933 act, but not battery, which implies that smacking is not always to be considered cruelty. Sexual assault The offence of sexual assault is created by section 3 of the Sexual Offences Act 2003 (c. 42). It is not defined in terms of the offences of common assault or battery. It instead requires intentional touching and the absence of a reasonable belief in consent. Assault by penetration This offence is defined by section 2 of the Sexual Offences Act 2003 (c. 42). Whereas rape consists only of penetration with the perpetrator's penis, assault by penetration can be committed with anything, though unlike rape it excludes penetration of the mouth. It carries the same maximum sentence of life imprisonment. Assault on an emergency worker The Assaults on Emergency Workers (Offences) Act 2018 (c. 23) makes common assault an either way offence (section 1) when committed against an emergency worker (defined in section 3), with a maximum sentence of two years' imprisonment if tried on indictment. The act did not repeal any enactments, so the existing offence of assault on a constable is still available, but that offence cannot be tried on indictment and is therefore limited to six months.

Scotland

In Scots law, assault is defined as an "attack upon the person of another".70 There is no distinction made in Scotland between assault and battery (which is not a term used in Scots law), although, as in England and Wales, assault can be occasioned without a physical attack on another's person, as demonstrated in Atkinson v. HM Advocate71 wherein the accused was found guilty of assaulting a shop assistant by simply jumping over a counter while wearing a ski mask. The court said:

[A]n assault may be constituted by threatening gestures sufficient to produce alarm

— Atkinson v. HM Advocate (1987)

Scots law also provides for a more serious charge of aggravated assault on the basis of such factors as severity of injury, the use of a weapon, or Hamesucken (to assault a person in their own home). The mens rea for assault is simply "evil intent",72 although this has been held to mean no more than that assault "cannot be committed accidentally or recklessly or negligently" as upheld in Lord Advocate's Reference No 2 of 1992 where it was found that a "hold-up" in a shop justified as a joke would still constitute an offence.

It is a separate offence to assault on a constable in the execution of their duty, under section 90 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) (previously section 41 of the Police (Scotland) Act 1967 (c. 77)) which provides that it is an offence for a person to, amongst other things, assault a constable in the execution of their duty or a person assisting a constable in the execution of their duty.

Northern Ireland

Several offences of assault exist in Northern Ireland. The Offences against the Person Act 1861 (24 & 25 Vict. c. 100) creates the offences of:

  • Common assault and battery: a summary offence, under section 42;
  • Aggravated assault and battery: a summary offence, under section 43
  • Common assault: under section 47
  • Assault occasioning actual bodily harm: under section 47

The Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28 (N.I.)) creates the offences of:

That act formerly created the offence of 'Assault on a constable in the execution of his duty'. under section 7(1)(a), but that section has been superseded by section 66(1) of the Police (Northern Ireland) Act 1998 (c. 32) which now provides that it is an offence for a person to, amongst other things, assault a constable in the execution of his duty, or a person assisting a constable in the execution of his duty.

United States

In the United States,[where?] assault may be defined as an attempt to commit a battery. However, the crime of assault can encompass acts in which no battery is intended, but the defendant's act nonetheless creates reasonable fear in others that a battery will occur.

Four elements were required at common law:73

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

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

The crime of assault generally requires that both the perpetrator and the victim of an assault be a natural person. Thus, unless the attack is directed by a person, an animal attack does not constitute an assault. However, under limited circumstances the Unborn Victims of Violence Act of 2004 treats a fetus as a separate person for the purposes of assault and other violent crimes.7475

Possible examples of defenses, mitigating circumstances, or failures of proof that may be raised in response to an assault charge include:

  • Lack of intent: A defendant could argue that since they were drunk, they could not form the specific intent to commit assault. This defense would most likely fail, however, since only involuntary intoxication is accepted as a defense in most American jurisdictions.
  • Mutual consent: A defendant could also argue that they were engaged in mutually consensual behavior. For example, boxers who are fighting in an organized boxing match and do not significantly deviate from the rules of the sport cannot be charged with assault.

State laws

Laws on assault vary by state. Since each state has its own criminal laws, there is no universal assault law. Acts classified as assault in one state may be classified as battery, menacing, intimidation, reckless endangerment, etc. in another state. Assault is often subdivided into two categories, simple assault and aggravated assault.

  • Simple assault involves an intentional act that causes another person to be in reasonable fear of an imminent battery. Simple assault may also involve an attempt to cause harm to another person, where that attempt does not succeed. Simple assault is typically classified as a misdemeanor offense, unless the victim is a member of a protected class, such as being a law enforcement officer.76 Even as a misdemeanor, an assault conviction may still result in incarceration and in a criminal record.
  • Aggravated assault involves more serious actions, such as an assault that is committed with the intent to cause a serious bodily injury, or an assault that is committed with a deadly weapon such as a firearm. Aggravated assault is typically classified as a felony offense.

Modern American statutes may define assault as including:

  • an attempt to cause or purposely, knowingly, or recklessly causing bodily injury to another
  • negligently causing bodily injury to another with a dangerous weapon (assault with a deadly weapon).77
  • causing bodily harm by reckless operation of a motor vehicle (vehicular assault).78
  • threatening another in a menacing manner.79
  • knowingly causing physical contact with another person knowing the other person will regard the contact as offensive or provocative80
  • causing stupor, unconsciousness or physical injury by intentionally administering a drug or controlled substance without consent81
  • purposely or knowingly causing reasonable apprehension of bodily injury in another82
  • any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act.83

In some states, consent is a complete defense to assault. In other jurisdictions, mutual consent is an incomplete defense to an assault charge such that an assault charge is prosecuted as a less significant offense such as a petty misdemeanor.

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

Kansas

In Kansas the law on assault states:84

Assault is intentionally placing another person in reasonable apprehension of immediate bodily harm.

New York

In New York State, assault (as defined in the New York State Penal Code Article 120)85 requires an actual injury. Other states define this as battery; there is no crime of battery in New York. However, in New York if a person threatens another person with imminent injury without engaging in physical contact, that is called "menacing". A person who engages in that behavior is guilty of aggravated harassment in the second degree (a Class A misdemeanor; punishable with up to one year incarceration, probation for an extended time, and a permanent criminal record) when they threaten to cause physical harm to another person, and guilty of aggravated harassment in the first degree (a Class E felony) if they have a previous conviction for the same offense.86878889 New York also has specific laws against hazing, when such threats are made as requirement to join an organization.

North Dakota

North Dakota law states:90

Simple assault.

  1. A person is guilty of an offense if that person:
    1. Willfully causes bodily injury to another human being; or
    2. Negligently causes bodily injury to another human being by means of a firearm, destructive device, or other weapon, the use of which against a human being is likely to cause death or serious bodily injury.
Pennsylvania

In Pennsylvania, an offender can be charged with simple assault if they:

  • injure someone else recklessly, knowingly, or purposefully
  • accidentally injure someone with a firearm or weapon
  • cause a needle-stick to an officer or correctional employee during a search or arrest
  • threaten or intimidate someone causing fear of imminent serious bodily injury

A person convicted of simple assault can be ordered to up to two years in prison as a second-degree misdemeanor.91

An offender can be charged with aggravated assault if the offender:

  • demonstrates extreme indifference to the victim's life
  • injures or threatens to injure a law enforcement officer, correctional officer, firefighter, police officer, or teacher on duty, or for incapacitating any of these individuals

A person convicted of aggravated assault can face up to 10 years in prison as a second-degree felony. However, if the crime is perpetrated against a firefighter or police officer, the offender may face first-degree felony charges carrying a penalty of up to 20 years in prison.92

Tennessee

In Tennessee assault is defined as follows:93

39-13-101. Assault.

  • (a) A person commits assault who:
  • (1) Intentionally, knowingly or recklessly causes bodily injury to another;
  • (2) Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
  • (3) Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.

See also

Citations

General and cited references

  • Baker, Dennis; William, Glanville. "Chapter 9". Textbook of Criminal Law. London, Sweet & Maxwell.
Look up assault or beat up in Wiktionary, the free dictionary.

References

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