Assault Basics
Assault means something very specific when it comes to torts
and personal injury law. In tort law, an assault refers to an attempt or threat
of violence – not actual violence itself. This may surprise people. But it’s
one of the first things most American lawyers learned in law school.
Assault vs. Battery
Most people think of “assault” as referring to a violent
attack. For example, as in “the gang assaulted a rival gang member on the
corner of the street” or “the marines began their assault on the enemy position
atop the hill.” Violence, or at least some sort of physical contact, is
generally implied in the term.
However, while state laws sometimes differ, assault
generally doesn't require that physical contact actually occurred. Instead,
legal scholars define assault as an intentional attempt or threat to inflict
injury upon a person, coupled with an apparent, present ability to cause the
harm, which creates a reasonable apprehension of bodily harm or offensive
contact in another.
Notice the words “attempt” and “threat” above. In tort law,
assault does not require actual touching or violence to the victim. We use
another term for the touching or contact: “battery.” You may have heard the
term “assault and battery.” This refers to situation where both an assault
(attempting to injure or threatening to injure) and a battery (actually
touching someone) occur in the same incident. Often the assault occurs
immediately after the battery: Right before Fred shot Jon, Jon saw Fred aiming
the loaded rifle at him.
Below is a movie clip of a tortious assault without a battery:
Below is a movie clip of a tortious assault without a battery:
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