From Wikipedia, the free encyclopedia Assault
Assault
Consent · Diminished responsibility
Duress · Entrapment
Ignorantia juris non excusat
Infancy · Insanity
Intoxication defense
Justification · Mistake (of law)
Necessity · Loss of Control (Provocation)
Other common law areas
Contracts · Evidence · Property
Torts · Wills, trusts and estates
Criminal law
Portals
Part of the common law series
Criminal justice · Law
Element (criminal law)
In law, assault is a crime causing a victim to fear violence.
Actus reus · Mens rea
The term is often confused with battery, which involves
Causation · Concurrence
physical contact. The specific meaning of assault varies
Scope of criminal liability between countries, but can refer to an act that causes an-
Complicity · Corporate · Vicarious other to apprehend immediate and personal violence, or
in the more limited sense of a threat of violence caused
Inchoate offenses by an immediate show of force.[1][2] Assault in some US
Attempt · Conspiracy · Solicitation jurisdictions is defined more broadly still as any inten-
tional physical contact with another person without
Offence against the person their consent;[3][4][5] but in the majority of the United
Assault · Battery States and in England & Wales and all other common law
False imprisonment · Kidnapping jurisdictions in the world, this is defined instead as bat-
Mayhem · Sexual assault tery. Some jurisdictions have incorporated the definition
Homicide crimes of civil assault into the definition of the crime making it a
Murder · Felony murder criminal assault to intentionally cause another person to
Manslaughter apprehend a harmful or offensive contact.
Negligent homicide
Vehicular homicide Definition
Crimes against property
Arson · Blackmail · Burglary Battery
Embezzlement · Extortion In common law, criminal assault often accompanied bat-
False pretenses · Larceny tery. See common assault. The elements of battery are
Possessing stolen property (1) a volitional act[6] (2) done for the purpose of causing
Robbery · Theft a harmful or offensive contact with another person or
under circumstances that make such contact substantial-
Crimes against justice
ly certain to occur and (3) which causes such contact.[7]
Compounding · Misprision Thus throwing a rock at someone for the purpose of hit-
Obstruction · Perjury ting him is a battery if the rock in fact strikes the per-
Malfeasance in office son and is an assault if the rock misses. The fact that the
Perverting the course of justice person may have been unaware that the rock had been
thrown at him is irrelevant under this definition of as-
Defenses to liability
sault.
Defense of self
Defence of property
1
From Wikipedia, the free encyclopedia Assault
Aggravated assault Punishment
Aggravated assault is, in some jurisdictions, a stronger In some jurisdictions such as Singapore, judicial corporal
form of assault, usually using a deadly weapon.[8] A per- punishment is part of the legal system. The officers who
son has committed an aggravated assault when that per- administer the punishment have immunity from prose-
son: cution for assault.
• attempts to cause serious bodily injury to another In the United States, the United Kingdom, Australia
person such as in the case of kidnapping and Canada, corporal punishment administered to chil-
• attempts to have sexual activity with another person dren by their parent or legal guardian is not legally con-
under the age of consent sidered to be assault unless it is deemed to be excessive
• attempts or causes bodily injury to another person or unreasonable. What constitutes "reasonable" varies in
with a deadly weapon. both statutory law and case law. Unreasonable physical
Aggravated assault can also be charged in cases of at- punishment may be charged as assault or under a sepa-
tempted harm against police officers or other public ser- rate statute for child abuse.
vants, or for bodily harm stemming from the reckless op- Many countries, including some US states, also per-
eration of a motor vehicle. The latter is often referred to mit the use of less severe corporal punishment for chil-
as either vehicular assault or aggravated assault with a dren in school. In English law, s58 Children Act 2004,
motor vehicle. limits the availability of the lawful correction defense to
common assault under s39 Criminal Justice Act 1988.
Defenses Prevention of crime
Although the range and precise application of defenses This may or may not involve self defense in that, using a
varies between jurisdictions, the following represents a reasonable degree of force to prevent another from com-
list of the defenses that may apply to all levels of assault: mitting a crime could involve preventing an assault, but
it could be preventing a crime not involving the use of
Consent personal violence.
Exceptions exist to cover unsolicited physical contact
which amount to normal social behavior known as de Defense of property
minimis harm. Assault can also be considered in cases in- Some jurisdictions allow force to be used in defense of
volving the spitting on, or unwanted exposure of bodily property, to prevent damage either in its own right, or
fluids to others. under one or both of the preceding classes of defense in
Consent may be a complete or partial defense to as- that a threat or attempt to damage property might be
sault. In some jurisdictions, most notably England, it is considered a crime (in English law, under s5 Criminal Da-
not a defense where the degree of injury is severe, as mage Act 1971 it may be argued that the defendant has
long as there is no legally recognized good reason for the a lawful excuse to damaging property during the defense
assault.[9] This can have important consequences when and a defense under s3 Criminal Law Act 1967) subject
dealing with issues such as consensual sadomasochistic to the need to deter vigilantes and excessive self-help.
sexual activity, the most notable case being the Opera- Furthermore, some jurisdictions, such as Ohio, allow res-
tion Spanner case. Legally recognized good reasons for idents in their homes to use force when ejecting an in-
consent include; surgery, activities within the rules of a truder. The resident merely needs to assert to the court
game (Mixed martial arts, wrestling, boxing, or contact that he felt threatened by the intruder’s presence.
sports), bodily adornment (R v Wilson), or horseplay This defense is not universal: in New Zealand (for ex-
(Jones and others). However, any activity outside the ample) homeowners have been convicted of assault for
rules of the game is not legally recognized as a defense of attacking burglars.[citation needed]
consent. In Scottish Law, consent is not a defense for as-
sault.
Regional details
Arrest and other official acts
Police officers and court officials have a general power to Canada
use force for the purpose of performing an arrest or gen- Assault is an offence under s. 55 of the Criminal Code of
erally carrying out their official duties. Thus, a court of- Canada. Similar to the United States, there are many dif-
ficer taking possession of goods under a court order may ferent ways in which an assault can occur. Generally, an
use force if reasonably necessary. assault occurs when a person directly or indirectly ap-
plies force intentionally to another person. It can also
occur when a person attempts to apply such force, or
threatens to do so, without the consent of the other per-
2
From Wikipedia, the free encyclopedia Assault
son. An injury need not occur for an assault to be com- Pacific Islands
mitted, but the force used in the assault must be offen-
Marshall Islands
sive in nature with an intention to apply force. It can be
The offence of assault is created by section 113 of the
an assault to “tap,” “pinch,” “push,” or direct another
Criminal Code.[13] A person is guilty of this offence if he
such minor action toward another, but an accidental ap-
unlawfully offers or attempts, with force or violence, to
plication of force is not an assault. The potential punish-
strike, beat, wound, or do bodily harm to, another.
ment 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. Some
Republic of Ireland
variations on the ordinary felony of assault include: Section 2 of the Non-Fatal Offences Against the Person
• Assault: The offence is created by section 266 of the Act 1997 creates the offence of assault, and section 3 of
Code. that Act creates the offence of assault causing harm.
• Assault with a weapon: Section 267(a) of the Code.
• Assault causing bodily harm: See assault causing South Africa
bodily harm. South African law does not draw the distinction between
• Aggravated assault: Section 268 of the Code. assault and battery. Assault is a common law crime de-
• Assaulting a peace officer, etc.: Section 270 of the fined as "unlawfully and intentionally applying force to
Code. the person of another, or inspiring a belief in that other
• Sexual assault: Section 271 of the Code. that force is immediately to be applied to him." The law
• Sexual assault with a weapon or threats or causing also recognises the crime of assault with intent to cause
bodily harm: Section 272 of the Code. grievous bodily harm, where grievous bodily harm is de-
• Aggravated sexual assault: See aggravated sexual fined as "harm which in itself is such as seriously to inter-
assault. fere with health."[14] The common law crime of indecent
assault was repealed by the Criminal Law (Sexual Offences
India and Related Matters) Amendment Act, 2007, and replaced
The Indian Penal Code covers the punishments and types by a statutory crime of sexual assault.
of assault in s.351 through s.358.
United Kingdom
Whoever makes any gesture, or any preparation in- Assault on an officer of Revenue and Customs
tending or knowing it to be likely that such gesture This offence is created by section 32(1) of the
or preparation will cause any person present to ap- Commissioners for Revenue and Customs Act 2005.
prehend that he who makes that gesture or prepa-
ration is about to use criminal force to that person, Attacks on internationally protected persons
is said to commit an assault. Section 1(1)(a) of the Internationally Protected
— s.351 of the Indian Penal Code[10] Persons Act 1978 (c.17) makes provision for assault
occasioning actual bodily harm or causing injury
The Code further explains that "mere words do not amount on "protected persons" (including Heads of State).
to an assault. But the words which a person uses may give to his
gestures or preparation such a meaning as may make those ges- Attacks on UN Staff workers
tures or preparations amount to an assault." Assault is in In- Section 1(2)(a) of the United Nations Personnel Act
dian criminal law an attempt to use criminal force (with 1997 (c.13) makes provision for assault causing
criminal force being described in s.350). The attempt it- injury, and section 1(2)(b) makes provision for
self has been made an offence in India, as in other states. assault occasioning actual bodily harm, on UN
staff.
Nigeria
Abolished offence:
The Criminal Code Act (chapter 29 of Part V; sections 351 Assault on customs and excise officers, etc.
to 365) creates a number of offences of assault.[11] As- Section 16(1)(a) of the Customs and Excise
sault is defined by section 252 of that Act. Assault is a mis- Management Act 1979 (c.2) provided that it was an
demeanor punishable by one year imprisonment; assault offence to, amongst other things, assault any
with "intent to have carnal knowledge of him or her" or person duly engaged in the performance of any
who indecently assaults another, or who commits other duty or the exercise of any power imposed or
more-serious variants of assault (as defined in the Act) conferred on him by or under any enactment
are guilty of a felony, and longer prison terms are provid- relating to an assigned matter, or any person
ed for.[12] acting in his aid. For the meaning of "assault" in
this provision, see Logdon v. DPP [1976] Crim LR
3
From Wikipedia, the free encyclopedia Assault
121, DC. This offence was abolished and replaced a constable acting in the execution of their
by the Commissioners for Revenue and Customs duty; or
Act 2005.
a person assisting a constable in the
England and Wales execution of their duty.
See also: Battery (crime)#England and Wales
It is a summary offence which carries a maximum penal-
English law provides for two offences of assault: common
ty of six months’ imprisonment and/or a fine. The "start-
assault and battery. Assault (or common assault) is com-
ing sentence," however, is a short custodial sentence, and
mitted if one intentionally or recklessly causes another
it is considered a more serious offence than common as-
person to apprehend immediate and unlawful personal
sault.
violence. Violence in this context means any unlawful
The constable must be acting "in the execution of his
touching, though there is some debate over whether the
duty" for this offence to be made out. If he exceeds the
touching must also be hostile. Confusingly, the terms "as-
remit of his duty (e.g. acts unlawfully in assaulting the
sault" and "common assault" often encompass the sepa-
Defendant), the offence will not be made out.
rate offence of battery, even in statutory settings such as
The Defendant does not actually have to be aware
s 40(3)(a) of the Criminal Justice Act 1988.
that the person he is assaulting is a constable
A common assault is an assault that lacks any of the
(Forbes (1865) 10 Cox CC 362).
aggravating features which Parliament has deemed se-
rious enough to deserve a higher penalty. Section 39 of The fact that the victim is a police officer is not, in itself,
the Criminal Justice Act 1988 provides that common as- an aggravating factor which would justify more serious
sault, like battery, is triable only in the magistrates court charge. The criteria for a charge under section 47 of the
in England and Wales (unless it is linked to a more serious Offences against the Person Act 1861 do not distinguish
offence, which is triable in the Crown Court). Additional- between members of the public and police officers as the
ly, if a Defendant has been charged on an indictment with victim.
assault occasioning actual bodily harm (ABH), or racially/ According to R (Fullard) v Woking Magistrates’ Court
religiously aggravated assault, then a jury in the Crown (2005) EWHC 2922 (Admin) a constable cannot be
Court may acquit the Defendant of the more serious of- acting in the execution of their duty when
fence, but still convict of common assault if it finds com- unlawfully on private property. Thus, if the officer
mon assault has been committed. is not acting under the authority of a warrant,
Aggravated assaults acting under a statutory or common law power of
Assault occasioning actual bodily harm entry, or in hot pursuit, the person lawfully in
The offence of assault occasioning actual bodily possession of land is entitled to withdraw
harm is created by section 47 of the Offences permission for the officer to remain. Should the
against the Person Act 1861. officer refuse to leave, the officer will cease to be
"acting in the execution of their duty". To make an
Assault with intent to rob effective withdrawal of permission, clear words
The penalty for assault with intent to rob is must be used. Merely directing offensive remarks
provided by section 8(2) of the Theft Act 1968. at the officer which amount to ’go away’ will not
necessarily withdraw any implied permission to
Racially or religiously aggravated common assault enter or remain. Further, when properly required
This offence is created by section 29(1)(c) of the to leave, the officer must be allowed a reasonable
Crime and Disorder Act 1998. opportunity to leave. However, once the
opportunity to leave voluntarily has passed, it will
Racially or religiously aggravated assault occasioning not be an assault for the land owner to use
actual bodily harm reasonable force to cause the officer to leave.
This offence is created by section 29(1)(b) of the
Crime and Disorder Act 1998. Assault on a prison custody officer
This offence is created by section 90(1) of the
Assault with intent to resist arrest Criminal Justice Act 1991 (c.53).
The offence of assault with intent to resist arrest is
created by section 38 of the Offences against the Assault on a secure training centre custody officer
Person Act 1861. This offence is created by section 13(1) of the
Criminal Justice and Public Order Act 1994 (c.33).
Assault on a constable in the execution of his duty
Section 89(1) of the Police Act 1996 provides that it
is an offence for a person to assault either:
4
From Wikipedia, the free encyclopedia Assault
Assault on officer saving wreck in the execution of his duty or a person assisting a con-
This offence is created by section 37 of the stable in the execution of his duty.
Offences against the Person Act 1861.
Northern Ireland
Assaulting an officer of the court Several offences of assault exist in Northern Ireland. The
This offence is created by section 14(1)(b) of the Offences against the Person Act 1861 creates the offences
County Courts Act 1984. of:
• Common assault and battery: a summary offence,
Cruelty to persons under sixteen
under section 42;
Section 1(1) of the Children and Young Persons Act
• Aggravated assault and battery: a summary offence,
1933 provides that it is an offence for a person who
under section 43
has attained the age of sixteen years, and who has
• Common assault: under section 47
responsibility for a child or young person under
• Assault occasioning actual bodily harm: under
that age, to, amongst other things, wilfully assault
section 47
that child or young person, or to cause or procure
The Criminal Justice (Miscellaneous Provisions) Act
that child or young person to be assaulted, in a
(Northern Ireland) 1968 creates the offences of:
manner likely to cause him unnecessary suffering
• Assault with intent to resist arrest: under section
or injury to health.
7(1)(b); this offence was formerly created by s.38 of
Sexual assault the OAPA 1861.
The offence of sexual assault created by section 3 That act formerly created the offence of ’Assault on a
of the Sexual Offences Act 2003. It is not defined in constable in the execution of his duty’. under secction
terms of the offences of common assault or 7(1)(a), but that section has been superseded by section
battery. It instead requires intentional touching 66(1) of the Police (Northern Ireland) Act 1998 (c.32)
and the absence of a reasonable belief in consent. which now provides that it is an offence for a person to,
amongst other things, assault a constable in the execu-
Scotland tion of his duty, or a person assisting a constable in the
execution of his duty.
In Scots Law, assault is defined as an "attack upon the
person of another".[15] There is no distinction made in
Scotland between assault and battery (which is not a
United States
term used in Scots law), although, as in England and American common law has defined assault as an attempt
Wales, assault can be occasioned without a physical attack to commit a battery.
on another’s person, as demonstrated in Atkinson v. HM Assault is typically treated as a misdemeanor and not
Advocate[16] wherein the accused was found guilty of as- as a felony (unless it involves a law enforcement officer).
saulting a shop assistant by simply jumping over a The more serious crime of aggravated assault is treated
counter wearing a ski mask. The court said: as a felony.
Four elements were required at common law:
[A]n assault may be constituted by threaten- 1. The apparent, present ability to carry out;
ing gestures sufficient to produce alarm 2. An unlawful attempt;
—Atkinson v. HM Advocate (1987) 3. To commit a violent injury;
4. Upon another.
Scottish law also provides for a more serious charge of Simple assault can be distinguished without the intent of
aggravated assault on the basis of such factors as severity injury upon another person. The violation of one’s per-
of injury, the use of a weapon, or Hamesuken (to assault a sonal space or touching in a way the victim deemed inap-
person in his own home). The mens rea for assault is sim- propriate can be simple assault. In common law states an
ply "evil intent",[17] although this has been held to mean assault is not committed by merely, for example, swear-
no more than that assault "cannot be committed accidental- ing at another; without threat of battery, there can be no
ly or recklessly or negligently" as upheld in Lord Advocate’s assault.
Reference No 2 of 1992 where it was found that a "hold-up" As the criminal law evolved, element one was weak-
in a shop justified as a joke would still constitute an of- ened in most jurisdictions so that a reasonable fear of
fence. bodily injury would suffice. These four elements were
It is a separate offence to assault on a constable in eventually codified in most states.
the execution of his duty, under section 41 of the Police Modern American statutes define assault as:
(Scotland) Act 1967 which provides that it is an offence 1. an attempt to cause or purposely, knowingly, or
for a person to, amongst other things, assault a constable recklessly causing bodily injury to another; or,
5
From Wikipedia, the free encyclopedia Assault
2. negligently causing bodily injury to another with a (in Against Konon) a defendant allegedly assaulted a man
deadly weapon. and crowed over the victim.
Some states also define assault as an attempt to menace Hubris, though not specifically defined, was a legal
(or actual menacing) by placing another person in fear of term and was considered a crime in classical Athens. It
imminent serious bodily injury. was also considered the greatest sin of the ancient Greek
States vary on whether it is possible to commit an world. That was so because it not only was proof of exces-
"attempted assault" since it can be considered a double sive pride, but also resulted in violent acts by or to those
inchoate offense. involved. The category of acts constituting hubris for the
In some states, consent is a complete defense to as- ancient Greeks apparently broadened from the original
sault. In other jurisdictions, mutual consent is an incom- specific reference to mutilation of a corpse, or a humili-
plete defense, with the result that the misdemeanor is ation of a defeated foe, or irreverent, "outrageous treat-
treated as a petty misdemeanor. ment", in general.
In New York State assault as defined in the New York The meaning was eventually further generalized in
State Penal Code Article 120, requires an actual injury. its modern English usage to apply to any outrageous act
Other states define this as battery. There is no crime of or exhibition of pride or disregard for basic moral laws.
battery in New York. The threat of imminent injury with- Such an act may be referred to as an "act of hubris", or
out physical contact in New York is called Menacing. New the person committing the act may be said to be hubris-
York also has specific laws against Hazing when such tic. Atë, Greek for ’ruin, folly, delusion’, is the action per-
threats are made as requirement to join an organization. formed by the hero, usually because of his/her hubris, or
Furthermore, the crime of assault generally requires great pride, that leads to his/her death or downfall.
that both the perpetrator and the victim of an assault are Crucial to this definition are the ancient Greek con-
human. Thus, there is no assault if an ox gores a man. cepts of honor (timē) and shame. The concept of timē in-
However, the Unborn Victims of Violence Act of 2004 cluded not only the exaltation of the one receiving hon-
treats the fetus as a separate person for the purposes of or, but also the shaming of the one overcome by the act
assault and other violent crimes, under certain limited of hubris. This concept of honor is akin to a zero-sum
circumstances. See H.R. 1997 / P.L. 108-212 game. Rush Rehm simplifies this definition to the con-
Some possible examples of defenses, mitigating cir- temporary concept of "insolence, contempt, and exces-
cumstances, or failures of proof are: sive violence".
• 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
See also
involuntary intoxication is accepted as a defense in • Affray
most American jurisdictions. • Battery (crime)
• A defendant could also argue that he was engaged in • Assault (tort)
mutually consensual behavior. • Street fighting
• Domestic violence
Ancient Greece • Gay bashing
Assault in Ancient Greece was normally termed hubris. • Hate crime
Contrary to modern usage, the term did not have the • Mayhem
extended connotation of overweening pride, self-confi- • Misdemeanor
dence or arrogance, often resulting in fatal retribution. • Offences against the Person Act 1861
In Ancient Greece, "hubris" referred to actions which, • Terrorist threats
intentionally or not, shamed and humiliated the victim, • Rape
and frequently the perpetrator as well. It was most evi- • Sexual assault
dent in the public and private actions of the powerful and • Common assault
rich.
Violations of the law against hubris included what Notes
would today be termed assault and battery; sexual crimes
ranging from forcible rape of women or children to con-
sensual but improper activities; or the theft of public References
or sacred property.[18] Two well-known cases are found [1] Arkansas Code, Title 5, Chapter 13, Subchapter 2, §
in the speeches of Demosthenes, a prominent statesman 205–207
and orator in ancient Greece. These two examples oc- [2] California Penal Code, Part 1, Chapter 9, § 240
curred when first, Meidias punched Demosthenes in the [3] Archbold Criminal Pleading, Evidence and Practice,
face in the theater (Against Meidias), and second when 1993 supplements and 1994 and 1996 editions
6
From Wikipedia, the free encyclopedia Assault
[4] Smith and Hogan, Criminal Law, 9th Ed, p.402 [11] Criminal Code Act-PartV
[5] J.C. Smith [1991] Crim LR 900 [12] Criminal Code Act-PartV
[6] An act is volitional if it is purposeful and deliberate [13] Criminal Code [31 MIRC Ch 1]
as opposed to reflexive or involuntary. For [14] Milton, John (1996). South African Criminal Law and
example. a person who has restless leg syndrome Procedure: Common-law crimes (3rd ed.). Cape Town:
kicks his wife while asleep. The contact, although, Juta & Co. pp. 405–437. ISBN 9780702137730.
harmful, would not constitute battery because the [15] MacDonald, Criminal Law (5th edn, 1948) p.155
act was not wilful. [16] 1987 SCCR 534
[7] A criminal battery may also be committed if the [17] MacDonald, op. cit, p.155; Smart v. HM Advocate
harmful or offensive contact is due to the criminal 1975 JC 30
negligence of the defendant. [18] MacDowell (1976) p. 25.
[8] "Crime in the United States 2004: Aggravated
Assault". Federal Bureau of Investigation.
http://www.fbi.gov/ucr/cius_04/
External links
offenses_reported/violent_crime/ • A guide to the non fatal offences against the person
aggravated_assault.html. • H.R. 1997 / P.L. 108-212 Unborn Victims of Violence
[9] (RvG ref 6. 1980): see R v Brown (1993) 2 All ER 75 Act of 2004
[10] "Vakil No1.com - "Indian Penal Code"".
http://www.vakilno1.com/bareacts/
indianpenalcode/S351.htm. Retrieved 02 Mar 2011.
Retrieved from "http://en.wikipedia.org/w/index.php?title=Assault&oldid=469992172"
Categories:
• Assault
• Crimes
• Violence
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