Assault- All you need to know about it
By Team Legistify / 2016-05-05
Assault, a Common Law principle, developed over the years through various judicial decisions is both civil and criminal in nature. Most people, upon hearing the term, visualize extreme physical violence against someone or using a weapon against someone, which are the characteristics of Battery. This article clarifies the concept of assault while distinguishing it with battery and brings out various elements required to constitute Assault.

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


In criminal and civil law, assault is an attempt to initiate harmful or offensive contact with a person or a threat to do so. Most peoples, the general public, often, upon hearing the term 'Assault' think about physical violence initiated against someone. Technically, it means Battery, which is another tort similar to Assault, however, there are differences between them. This Article will clarify those differences.

History of Assault

This definition of assault developed at common law. What this means is that courts developed a working definition over the course of centuries, long before it a legislature passed a statute defining civil assault. Modern assault statutes closely reflect this ancient common-law definition. An assault is both a crime and a tort . Therefore, an assailant may face both criminal and civil liability. A criminal assault conviction may result in a fine, imprisonment, or both. In a civil assault case, the victim may be entitled to monetary damages from the assailant.

What is Assault?

An act done by one person which causes, and is intended to cause , to another an apprehension of an immediate and harmful or offensive touching or contact with his person is an assault. In the case of Lewis v. Hooper , the court held, ' An assault is an attempt or offer with violence to do a corporal hurt to another, as if one lift up his cane or fist at another in a threatening manner, or strike at him with a stick, his fist, or any other weapon, within striking distance, but miss him'. It can be said that in case of assault the intention or the purpose of the defendant is to convince the plaintiff that a battery is imminent even though he never intends to deliver a physically injuring blow to plaintiff"s body.

Assault, a Common Law principle, developed over the years through various judicial decisions is both civil and criminal in nature. Most people, upon hearing the term, visualize extreme physical violence against someone or using a weapon against someone, which are the characteristics of Battery. This article clarifies the concept of assault while distinguishing it with battery and brings out various elements required to constitute Assault.

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


Related Posts

Read Our Blogs on Similar Topics