Legal Definitions - civil assault

Civil assault refers to an intentional act by one person that causes another person to reasonably believe they are about to experience immediate harmful or offensive physical contact. Unlike criminal assault, which focuses on punishment by the state, a civil assault claim is a private lawsuit where the injured party seeks monetary compensation (damages) for the harm caused by the fear or apprehension of contact. It is crucial to understand that actual physical contact is not required for a civil assault to occur; the key element is the reasonable apprehension of such contact.

Here are some examples illustrating civil assault:

• Imagine a customer in a retail store becoming enraged during an argument with a cashier. The customer clenches their fist, raises it, and lunges forward as if to strike the cashier, stopping just inches from their face. Even if no physical contact is made, the cashier reasonably feared immediate physical harm. This intentional act by the customer, causing the cashier to apprehend immediate harmful contact, could constitute a civil assault, allowing the cashier to potentially sue for emotional distress or other damages.

• Consider a situation during a heated neighborhood dispute where one homeowner aggressively approaches their neighbor, shouting threats and brandishing a garden tool (like a rake) in a menacing way, making the neighbor genuinely believe they are about to be struck. Even if the homeowner never actually touches the neighbor with the tool, the intentional act of threatening with the tool and the neighbor's reasonable apprehension of immediate harmful contact could be grounds for a civil assault claim. The neighbor could seek compensation for the fear and distress caused by the incident.