Legal Definitions - attempted assault

Attempted assault occurs when an individual takes a significant step towards committing an assault, with the specific intent to cause physical harm or to make another person fear immediate physical harm, but fails to complete the full assault. This failure might be because the intended victim did not perceive the threat, or because an external factor prevented the completion of the act that would constitute an assault.

To understand attempted assault, it's helpful to first understand that "assault" itself, in many legal contexts, refers to either:

• An attempt to cause physical harm to another person (even if no contact is made).
• An act that intentionally places another person in reasonable apprehension of immediate physical harm.

Therefore, an "attempted assault" means someone tried to do one of these things, but for some reason, the assault itself was not fully carried out.

Examples:

• Scenario 1: Interrupted Intent to Cause Apprehension
  A person, hidden behind a large tree, aims a small, harmless toy dart gun at a passerby, intending to startle them. Before they can fire, a sudden gust of wind blows their hat off, distracting them and causing them to drop the dart gun and abandon their plan. The passerby never saw the person or the dart gun and was completely unaware of the intended act.

  Explanation: The individual had the specific intent to cause apprehension (to startle the passerby) and took a significant step (aiming the dart gun). However, an external event (the gust of wind) interrupted their action, and the passerby never became aware of the threat or experienced any apprehension. Because the intended apprehension did not occur, this constitutes an attempted assault.

• Scenario 2: Failed Attempt to Cause Physical Contact
  During a heated argument, one person picks up a soft, lightweight pillow and throws it at another person's head, intending to annoy or lightly hit them. The pillow misses widely, sailing over the target's head and hitting a wall instead. The target saw the pillow being thrown but was not afraid of it due to its softness and the distance.

  Explanation: The thrower had the intent to make contact (even if light) or cause apprehension (annoyance). They took a substantial step by throwing the object. However, the pillow missed, and the target did not experience apprehension of immediate physical harm. Since neither contact nor reasonable apprehension of immediate physical harm occurred, the full assault was not completed, making this an attempted assault.

• Scenario 3: Victim Unaware of Threat
  A disgruntled employee, intending to throw a cup of water at their supervisor, raises the cup behind the supervisor's back. Just as they are about to splash the water, a colleague accidentally bumps into the employee, causing them to spill the water on the floor instead. The supervisor was looking away and remained completely unaware of the employee's intent or the near miss.

  Explanation: The employee had the intent to cause physical contact (splashing water) or apprehension. They took a significant step by raising the cup. However, due to the accidental bump, the water was spilled, and the supervisor never became aware of the impending action or experienced any fear. Since the supervisor did not experience apprehension and no contact was made, the full assault was not completed, illustrating an attempted assault.