ASSAULT
assault,n.1.Criminal & tort law. The threat or use of force on another that causes that person
to have a reasonable apprehension of imminent harmful or offensive contact; the act of putting
another person in reasonable fear or apprehension of an immediate battery by means of an act
amounting to an attempt or threat to commit a battery. [Cases: Assault and Battery 2, 48. C.J.S.
Assault and Battery §§ 2–4, 6–8, 62, 64–66, 81.] 2.Criminal law. An attempt to commit battery,
requiring the specific intent to cause physical injury. — Also termed (in senses 1 & 2) simple
assault; common assault. 3. Loosely, a battery. 4. Popularly, any attack. Cf. BATTERY. —
assault,vb. — assaultive,adj.
“Ordinary usage creates a certain difficulty in pinning down the meaning of ‘assault.’
Etymologically, the word is compounded of the Latin ad + saltare, to jump at. In popular language,
it has always connoted a physical attack. When we say that D assaults V, we have a mental picture
of D attacking V, by striking or pushing or stabbing him. In the middle ages, however, the terms
‘assault’ and ‘battery’ were given technical meanings which they have retained ever since. It
became settled that though an assault could be committed by physical contact, it did not require
this, since a show of force raising an apprehension in the mind of the victim was sufficient. Also, a
‘battery’ did not require an actual beating; the use of any degree of force against the body would
suffice. The acts of spitting on a person and kissing without consent are both batteries.” Glanville
Williams, Textbook of Criminal Law 135–36 (1978).
“In addition to the classic definitions of assault, some jurisdictions have used assault as a
generic term to describe either assault or battery. Thus, a defendant who intentionally injures
somebody may be convicted of assault rather than battery.” Arnold H. Loewy, Criminal Law in a
Nutshell 57 (2d ed. 1987).
aggravated assault.Criminal assault accompanied by circumstances that make it more severe,
such as the intent to commit another crime or the intent to cause serious bodily injury, esp. by
using a deadly weapon. See Model Penal Code § 211.1(2). [Cases: Assault and Battery 54. C.J.S.
Assault and Battery §§ 72–74, 80–81.]
“The common law did not include any offense known as ‘aggravated assault.’ However, it did
make provision for certain situations in this field, under other names. If, for example, the intended
application of force to the person would have resulted in murder, mayhem, rape or robbery, if
successful, and the scheme proceeded far enough to constitute an attempt the prosecution was for
an attempt to commit the intended felony.” Rollin M. Perkins & Ronald N. Boyce, Criminal Law
180 (3d ed. 1982).
assault purpensé (<<schwa>>-sawlt poor-pawn-say). [French] Hist. Premeditated assault. —
Also termed assultus premeditatus (<<schwa>>-s<< schwa>>l-t<<schwa>>s
pree-med-<<schwa>>-tay-tis).
“Even before the conquest, … deliberately planned assassinations came to be distinguished
and put into the list of Crown pleas as forsteal. The original sense of this word was lying in wait to
ambush the victim. After the conquest this is expressed in various terms in French and Latin, but
frequently takes the form of assault purpensé, or assultus premeditatus. In time this yields before
malitia excogitata, and so introduces us to the very troublesome word ‘malice’.” Theodore F.T.
Plucknett, A Concise History of the Common Law 444 (5th ed. 1956).
assault to rape.See assault with intent to commit rape.
assault with a deadly weapon.An aggravated assault in which the defendant, using a deadly
weapon, threatens the victim with death or serious bodily injury. — Also termed assault with a
dangerous weapon. [Cases: Assault and Battery 56. C.J.S. Assault and Battery §§ 77–79.]
assault with intent.Any of several assaults that are carried out with an additional criminal
purpose in mind, such as assault with intent to murder, assault with intent to rob, assault with
intent to rape, and assault with intent to inflict great bodily injury. • These are modern statutory
inventions that are often found in state criminal codes. [Cases: Homicide 725; Rape 16;
Robbery 13. C.J.S. Rape §§ 32, 36–43; Robbery §§ 78–79, 82.]
assault with intent to commit rape.An assault carried out with the additional criminal purpose
of raping the victim. — Also termed assault to rape. [Cases: Rape 6. C.J.S. Rape § 19.]
atrocious assault.An assault that causes severe wounding or maiming.
attempted assault.An attempt to commit an assault; an attempted battery that has not
progressed far enough to be an assault, as when a person intends to harm someone physically but
is captured while or after trying to locate the intended victim in his or her place of employment. •
Traditionally, most commentators held that an attempted assault could not exist because assault
was in itself an attempt to commit a crime. Many modern authorities, however, assert that an
attempted assault can occur, and that it should be punishable. — Also termed attempt to assault.
See ATTEMPT TO ATTEMPT. [Cases: Assault and Battery 61. C.J.S. Assault and Battery § 82.]
“[I]t is apparent that reference may be made to an ‘attempt to assault’ without logical
absurdity. There is nothing absurd in referring to an attempt to frighten, which would constitute, if
successful, a criminal assault in most jurisdictions…. It is not surprising, therefore, that there is a
tendency to break away from the ancient view that there is no such offense known to the law as an
attempt to commit an assault.” Rollin M. Perkins & Ronald N. Boyce, Criminal Law 168 (3d ed.
1982).
“By far the most interesting cases in this area are the attempted assault cases. Where assault
is defined as inten-tionally putting another in fear of a battery, there is of course no basis for
denying the possibility of an attempt. Where, however, assault is defined as an attempted battery,
attempted assault looks very much like the forbidden ‘attempt to attempt’ a battery. For this reason
some courts have held that there is no such crime as attempted assault. Other courts, however,
have held that an attempted assault can exist, defining it as an attempted battery which has not
progressed far enough to be an assault.” Arnold H. Loewy, Criminal Law in a Nutshell 223–24 (2d
- 1987).
civil assault.An assault considered as a tort and not as a crime. • Although the same assaultive
conduct can be both a tort and a crime, this term isolates the legal elements that give rise to civil
liability. [Cases: Assault and Battery 2. C.J.S. Assault and Battery §§ 2–4, 6–8.]
conditional assault.An assault expressing a threat on condition, such as “your money or your
life.”
criminal assault.An assault considered as a crime and not as a tort. • This term isolates the
legal elements that give rise to criminal liability even though the act might also have been tortious.
[Cases: Assault and Battery 48. C.J.S. Assault and Battery §§ 2–3, 62, 64–66, 81.]
excusable assault.An assault committed by accident or while doing a lawful act by lawful
means, with ordinary caution and without any unlawful intent.
felonious assault.An assault that is of sufficient severity to be classified and punished as a
felony. See aggravated assault; assault with a deadly weapon. [Cases: Assault and Battery 60.
C.J.S. Assault and Battery § 63.]
indecent assault.See sexual assault (2).
malicious assault with a deadly weapon.An aggravated assault in which the victim is
threatened with death or serious bodily harm from the defendant’s use of a deadly weapon. •
Malice is inferred from both the nature of the assault and the weapon used. [Cases: Assault and
Battery 56. C.J.S. Assault and Battery §§ 77–79.]
sexual assault. 1. Sexual intercourse with another person who does not consent. • Several
state statutes have abolished the crime of rape and replaced it with the offense of sexual assault.
[Cases: Rape 1. C.J.S. Rape §§ 1–3, 15.] 2. Offensive sexual contact with another person,
exclusive of rape. • The Model Penal Code lists eight circumstances under which sexual contact
results in an assault, as when the offender knows that the victim is mentally incapable of
appreciating the nature of the conduct, either because of a mental disease or defect or because the
offender has drugged the victim to prevent resistance. See Model Penal Code § 213.4. — Also
termed (in sense 2) indecent assault. Cf. RAPE. [Cases: Assault and Battery 59. C.J.S. Assault
and Battery § 74.]
simple assault.1. See ASSAULT(1).2. See ASSAULT(2).
“(1) Simple Assault. A person is guilty of 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 § 211.1 (1997).[Blacks Law 8th]