Legal Definitions - physical injury

The physical-proximity test is a legal standard used in criminal law to determine if a person's actions constitute an "attempt" to commit a crime, rather than merely preparing for it. This test focuses on how close the defendant came to completing the intended offense, specifically looking at whether they performed acts that were very near the final step required to commit the crime.

Essentially, it asks: how much more did the defendant need to do to finish the crime? If very little was left to do, and the defendant's actions were direct and immediate steps toward the crime's completion, then an attempt may be found.

Here are some examples illustrating the physical-proximity test:

• Example 1: Attempted Arson

  A person intends to burn down an abandoned building. They purchase several gallons of gasoline, drive to the building, and begin pouring the fuel around its foundation. Before they can light a match, a police officer on patrol spots them and intervenes.

  Explanation: Under the physical-proximity test, pouring the gasoline around the building is considered a direct and immediate step toward completing the arson. Very little more was needed (just lighting the match) for the crime to be complete. The individual was physically very close to achieving their criminal objective, thus likely satisfying the test for attempted arson.

• Example 2: Attempted Robbery

  An individual plans to rob a convenience store. They enter the store, pull out a replica firearm, point it at the cashier, and demand money. Before the cashier can react or hand over any cash, a security guard, who was discreetly observing, tackles the individual.

  Explanation: The acts of entering the store, brandishing a weapon, and making a direct demand for money bring the individual extremely close to completing the robbery. Only the transfer of money was left. These actions demonstrate significant physical proximity to the completion of the crime, satisfying the physical-proximity test for attempted robbery.

• Example 3: Attempted Battery

  During a heated argument, one person becomes enraged and lunges at another, raising their fist high, clearly intending to strike them. Before the fist can make contact, a bystander quickly steps in and restrains the aggressor, preventing the blow.

  Explanation: The act of lunging and raising the fist represents a direct and immediate physical action that was very close to resulting in a battery (unlawful physical contact). The aggressor had taken nearly all necessary physical steps to complete the act, with only the final impact remaining. This demonstrates sufficient physical proximity to meet the test for attempted battery.