Legal Definitions - assault

In legal terms, assault refers to an intentional act that causes another person to reasonably believe they are about to experience immediate harmful or offensive physical contact. It's crucial to understand that for an assault to occur, actual physical touching is not necessary; the threat or anticipation of it is enough.

Let's break down the key components of assault:

• Intentional Act: The person committing the act must have done so on purpose, not by accident. Their underlying motive (e.g., whether they meant it as a joke or genuinely wanted to scare someone) does not change whether the act qualifies as an assault.
• Reasonable Apprehension: The victim must have been aware that harmful or offensive contact was about to happen. This belief must be one that an ordinary, reasonable person in similar circumstances would also share. It doesn't mean the victim has to be scared, just that they anticipate the contact.
• Imminent Contact: The threatened contact must be immediate, meaning it is certain or very likely to occur right away, without significant delay.
• Harmful or Offensive Contact: This refers to any physical touching that would typically cause harm or be considered offensive by generally accepted societal standards. Even a slight, unwanted touch can be offensive if it violates prevailing social norms, or if the person knew the victim had a particular aversion to that specific type of contact.

Here are some examples to illustrate the concept of assault:

• Example 1: Threat with an Object

  Imagine a customer in a restaurant becoming enraged during an argument with a server. The customer picks up a heavy glass bottle from the table, lifts it above their head, and takes a step towards the server, shouting, "I'm going to smash this over your head!"

  • How it illustrates assault: This is an intentional act (deliberately picking up the bottle and moving towards the server). The server would have a reasonable apprehension of imminent harmful contact (being hit with the bottle), even if the customer never actually struck them. The threat itself, coupled with the action, constitutes the assault.

• Example 2: Verbal Threat with Action

  Consider a situation where two drivers are arguing in a parking lot. One driver leans into the open window of the other driver's car, clenches their fist, and says, "I'm going to punch you right in the face," while making a slight forward motion with their body.

  • How it illustrates assault: The driver's actions (leaning in, clenching a fist, making a slight motion) combined with the verbal threat constitute an intentional act. The second driver would have a reasonable apprehension of imminent harmful contact (a punch) due to the close proximity and the threatening posture. No actual punch is needed for this to be an assault.

• Example 3: Threat of Offensive Contact

  A co-worker, known for making unwanted physical contact, approaches another co-worker who has repeatedly expressed discomfort with being touched. The first co-worker lunges forward with outstretched arms, saying with a grin, "I'm going to give you a big, unwanted hug right now!"

  • How it illustrates assault: The co-worker's lunge with outstretched arms is an intentional act aimed at making contact. Given the history and the explicit statement, the second co-worker would have a reasonable apprehension of imminent offensive contact (an unwanted hug). While a hug isn't typically "harmful," in this context, it violates personal boundaries and is considered offensive, fulfilling the criteria for assault.