Legal Definitions - assultus premeditatus

Assultus premeditatus is a Latin legal term that translates directly to premeditated assault. It refers to a situation where an individual plans or intends to commit an assault before actually carrying it out. This means the act of causing physical harm, or creating the apprehension of immediate physical harm, was not spontaneous but was thought out and decided upon in advance. The element of premeditation often makes the offense more serious in the eyes of the law, as it indicates a higher degree of culpability and a deliberate intent to cause harm.

• Example 1: Ambush in a Parking Garage

  A disgruntled former employee, Mark, spends several days tracking his old manager's routine. He then waits in the manager's parking garage, intending to physically confront and punch him as he leaves work. When the manager appears, Mark steps out and strikes him.

  This illustrates assultus premeditatus because Mark deliberately planned the attack over several days, chose the location, and waited for the opportune moment, clearly intending to cause physical harm. His actions were not impulsive but were the result of prior thought and decision.

• Example 2: Online Threats Followed by Physical Attack

  Sarah has a long-standing dispute with her neighbor, Emily. Over a week, Sarah repeatedly sends Emily threatening text messages, stating she will "make her pay" and "teach her a lesson." One evening, Sarah waits for Emily to return home and, as Emily steps out of her car, Sarah shoves her forcefully, causing her to fall.

  This demonstrates assultus premeditatus because Sarah's prior threats and her act of waiting for Emily show a clear intent and planning to commit the assault. The physical act was a culmination of her premeditated decision to harm Emily, rather than a sudden, impulsive reaction.

• Example 3: Group Planning a Confrontation

  A small group of individuals, upset about a local protest, discuss and agree to confront and physically intimidate some of the protestors the following day. They decide on a meeting point, assign roles, and even bring items to use as makeshift weapons. The next day, they execute their plan, physically pushing and shoving several protestors.

  Here, the group's discussions, agreement, and preparation the day before the incident clearly demonstrate the premeditation required for assultus premeditatus. The assault was a planned action, not a spur-of-the-moment reaction to the protest itself.