Legal Definitions - attempt to assault

The term "attempt to assault" refers to the act of taking a significant step towards committing an assault, with the clear intention of doing so, but failing to complete the assault itself. An assault typically involves intentionally causing another person to reasonably fear immediate harmful or offensive contact, or in some legal systems, an attempted battery (an attempted harmful or offensive touching).

For an attempt to assault to occur, the person must have:

• The specific intent to commit an assault (i.e., to cause fear of immediate harm or to attempt harmful contact).
• Performed an overt act that goes beyond mere preparation, moving closer to the actual commission of the assault.
• Failed to complete the assault for some reason (e.g., the victim avoided it, an intervention occurred, or the victim did not perceive the threat).

Here are some examples illustrating "attempt to assault":

• Example 1: The Missed Strike

  During a heated argument, Alex raises a closed fist and swings it forcefully towards Ben's face, intending to hit him. However, Ben quickly ducks, and Alex's fist misses him entirely. Even though no physical contact was made and Ben avoided harm, Alex's action of swinging his fist with the intent to strike constitutes an attempt to assault. He took a substantial step towards committing a battery (which is often considered an assault or an attempted assault) but failed to complete it.

• Example 2: The Intercepted Threat

  Maria, holding a heavy object, lunges towards David, shouting threats and raising the object as if to strike him. Before she can reach David or cause him to genuinely fear immediate harm, a bystander intervenes and restrains Maria. Maria had the intent to cause David to fear immediate bodily harm (or to actually strike him). Her action of lunging with the raised object and shouting threats was a substantial step towards committing an assault. The assault itself was not completed due to the bystander's intervention, making this an attempt to assault.

• Example 3: The Unseen Scare

  Chris, wanting to play a prank on his friend Lisa, hides behind a door with a realistic-looking rubber snake, intending to jump out and scare her. As Lisa walks by, Chris jumps out, holding the snake and yelling. However, Lisa is engrossed in her phone, doesn't look up, and walks past completely oblivious to Chris's actions. Chris intended to cause Lisa to reasonably fear immediate harm (or at least be startled into apprehension) by his actions. He took a substantial step by jumping out with the snake. Despite his intent and action, the assault was not completed because Lisa did not perceive the threat and therefore did not experience the required apprehension. Chris's actions, driven by intent and a substantial step, constitute an attempt to assault.