Assault

Definition

The definition of assault varies by jurisdiction, but is generally defined as intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact. Physical injury is not required. 

Overview

Some jurisdictions label "assault" as "attempted battery." In tort law, assault is considered an intentional tort

"Apprehension"

In the context of assault, the victim's "apprehension" happens if the victim believes that the tortfeasor's conduct will result in imminent harmful or offensive contact unless it is prevented.

It is not necessary that the victim believes the conduct will be effective in making such contact, only that the victim believes the conduct is capable of making such contact.

Assault and Battery

In an act of physical violence by one person against another, "assault" is usually paired with battery. In an act of physical violence, assault refers to the act which causes the victim to apprehend imminent physical harm, while battery refers to the actual act causing the physical harm. 

Aggravated Assault

Aggravated assault refers to an assault with an additional aggravating circumstance. As such, the liability and sentencing for aggravated assault is generally more severe than that for an ordinary assault. 

Prima Facie 

The prima facie case for "assault" has 3 components:

  1. The defendant acts
  2. The defendant intends to cause the victim to apprehend imminent harmful contact from the defendant
  3. The defendant's action causes the victim to reasonably apprehend such a contact

Further Reading

For more on assault, see this Loyola Law School Law Review article, this ABA article, and this William & Mary Journal of Women and the Law article