Assault
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Template:CrimLaw Template:Otheruses Assault is a crime of violence against another person. In some jurisdictions, assault is used to refer to the actual violence, while in other jurisdictions (e.g. some in the United States, England and Wales), assault refers only to the threat of violence, while the actual violence is battery. Simple assaults do not involve weapons; aggravated assaults do.
Assault is often defined to include not only violence, but any physical contact with another person without their consent. When assault is defined like this, exceptions are provided to cover such things as normal social intercourse (for example, patting someone on the back).
English law makes distinctions based on the degree of injury, between:
- common assault (which can be even the most minor assault)
- assault with actual bodily harm (ABH)
- assault with grievous bodily harm (GBH)
In some jurisdictions, consent is a defense to assault, while in other jurisdictions (most notably England) it is not. This can have important consequences when dealing with issues such as sadomasochistic sexual activity. In England, several men have been successfully convicted of assault for engaging in sadomasochistic activities, even though the activity was consensual; the most notable case being the Operation Spanner case.
American Jurisprudence
American common law has traditionally defined assault as an attempt to commit a battery.
Assault is typically treated as a misdemeanor and not as a felony. The more serious crime of aggravated assault is treated as a felony.
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.
Modern American statutes define assault as: 1) an attempt to cause or purposely, knowingly, or recklessly causing bodily injury to another; or, 2) negligently causing bodily injury to another with a deadly weapon.
Some States also define assault as an attempt to menace (or actual menacing) by placing another person in fear of imminent serious bodily injury.
States vary as to whether it is possible to commit an "attempted assault" since it can be considered a double inchoate offense.
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.
Hypotheticals
Two drunks wave metal pipes threateningly at each other in an alley. They are ten feet away from each other. When one man advances, the other retreats, maintaining the distance between them. The police come and break up the disturbance. They charge each man with assault.
-Would they be found guilty in an American common law jurisdiction?
(Probably not. Being ten feet away does not make it likely or apparent that he would have the present ability to carry out an unlawful act.)
-In a modern American jurisdiction?
(Probably. Each actor is trying to cause bodily injury to another and the fear of bodily injury is reasonable.)
-Are there any defenses or mitigating circumstances or failures of proof?
(Perhaps. A Defendant could argue that since he was drunk, he could not form the specific intent to commit assault. This defense would most likely fail since only involuntary intoxication is accepted as a defense in most American jurisdictions. They could also argue that they were engaged in mutually consensual behavior.)
See also
- Affray
- Assault (tort)
- Gay-bashing
- Hate crime
- Domestic violence
- Offences Against the Person Act 1861
- Battery
- Misdemeanor
- Terroristic Threats
- Mayhemes:Asalto
Categories: Assault | Crimes | Violence
