Assault
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In the terminology of law, an assault is the act of causing physical harm or unwanted physical contact to another person,[1] or, in some legal definitions, the threat or attempt to do so.[2] It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Additionally, assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person.[3][4] Assault can be committed with or without a weapon and can range from physical violence to threats of violence.[5][6] Assault is frequently referred to as an attempt to commit battery, which is the deliberate use of physical force against another person. The deliberate inflicting of fear, apprehension, or terror is another definition of assault that can be found in several legal systems. Depending on the severity of the offense, assault may result in a fine, imprisonment, or even death.[7][8]
Generally, the common law definition is the same in criminal and tort law.
Traditionally, common law legal systems have separate definitions for assault and battery. When this distinction is observed, battery refers to the actual bodily contact, whereas assault refers to a credible threat or attempt to cause battery.[9] Some jurisdictions combined the two offenses into a single crime called "assault and battery", which then became widely referred to as just "assault".[10][11] The result is that in many of these jurisdictions, assault has taken on a definition that is more in line with the traditional definition of battery. The legal systems of civil law and Scots law have never distinguished assault from battery.
Legal systems generally acknowledge that assaults can vary greatly in severity.[12] In the United States, an assault can be charged as either a misdemeanor or a felony. In England and Wales and Australia, it can be charged as either common assault, assault occasioning actual bodily harm (ABH) or grievous bodily harm (GBH). Canada also has a three-tier system: assault, assault causing bodily harm and aggravated assault. Separate charges typically exist for sexual assaults, affray and assaulting a police officer. Assault may overlap with an attempted crime; for example, an assault may be charged as attempted murder if it was done with intent to kill.
Related definitions
[edit]Battery
[edit]Battery is a criminal offense that involves the use of physical force against another person without their consent.[13][14][15] It is a type of assault and is considered a serious crime. Battery can include a wide range of actions, from slapping someone to causing serious harm or even death.[16][17] Depending on the severity of the offense, it can carry a wide range of punishments, including jail time, fines, and probation.
In jurisdictions that make a distinction between the two, assault usually accompanies battery if the assailant both threatens to make unwanted contact and then carries through with this threat. See common assault. The elements of battery are that it is a volitional act,[18] done for the purpose of causing a harmful or offensive contact with another person or under circumstances that make such contact substantially certain to occur, and which causes such contact.[19]
Aggravated assault
[edit]Aggravated assault is a violent crime that involves violence or the threat of violence.[20][21] It is generally described as an intentional act that causes another person to fear imminent physical harm or injury. This can include the use of a weapon, or the threat of using a weapon. It is usually considered a felony offense and can carry severe penalties. Aggravated assault is often considered a very serious crime and can lead to long-term prison sentences.[22][23][24]
Aggravated assault is, in some jurisdictions, a stronger form of assault, usually using a deadly weapon.[25] A person has committed an aggravated assault when that person attempts to:
- cause serious bodily injury to another person with a deadly weapon[26]
- have sexual relations with a person who is under the age of consent
- cause bodily harm by recklessly operating a motor vehicle during road rage; often referred to as either vehicular assault or aggravated assault with a motor vehicle.
Aggravated assault can also be charged in cases of attempted harm against police officers or other public servants.[27][28][29][30]
Defenses
[edit]Although the range and precise application of defenses varies between jurisdictions, the following represents a list of the defenses that may apply to all levels of assault:
Consent
[edit]Exceptions exist to cover unsolicited physical contact that amounts to normal social behavior known as de minimis harm. Assault can also be considered in cases involving the spitting on or unwanted exposure of bodily fluids to others.[31]
Consent may be a complete or partial defense to assault. In some jurisdictions, most notably England, it is not a defense where the degree of injury is severe, as long as there is no legally recognized good reason for the assault.[32] This can have important consequences when dealing with issues such as consensual sadomasochistic sexual activity, the most notable case being the Operation Spanner case. Legally recognized good reasons for consent include surgery, activities within the rules of a game (mixed martial arts, wrestling, boxing, or contact sports), bodily adornment (R v Wilson [1996] Crim LR 573), or horseplay (R v Jones [1987] Crim LR 123). However, any activity outside the rules of the game is not legally recognized as a defense of consent. In Scottish law, consent is not a defense for assault.[33]
Arrest and other official acts
[edit]Police officers and court officials have a general power to use force for the purpose of performing an arrest or generally carrying out their official duties. Thus, a court officer taking possession of goods under a court order may use force if reasonably necessary.
Punishment
[edit]In some jurisdictions such as Singapore,