Also known as:assaults · assaulted · assaulting · assailant · assailants · assaultee · assaultees · assaulter · assaulters
Written by attorneys · grounded in primary & secondary sources — see below
An intentional tort or crime consisting of an act that creates in another a reasonable apprehension of imminent harmful or offensive bodily contact. The act must be done with the intent to cause such apprehension or contact, and the victim must actually experience the apprehension.
Sources & Authorities
How it applies
Common Examples
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Fist Swing Creates Apprehension
Anita Ali raises her fist and swings it toward Aaron Adams during an argument. Aaron sees the motion and believes contact is about to occur. Anita stops short without touching him. Aaron experiences the required apprehension of imminent contact.
Prior Acts Admitted in Trial
Alice Atkins stands trial for sexually assaulting Andrew Avery. The prosecutor offers evidence that Alice committed a similar sexual assault against another person two years earlier. The court admits the evidence to show a pattern relevant to the current charge.
Select any source to read its text and confirm it supports the definition.
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Casebooks
Course Outlines
Study Supplements
Dictionaries
Aisha Ahmed approaches Amber Alonzo from behind with a raised stick intending to strike her. Amber never turns around and remains unaware of the attempt until it ends. Aisha lowers the stick without completing the motion.
Civil Claim Allows Prior Evidence
Anchor Bank sues Arcadia Retail for damages arising from an alleged sexual assault by one of its employees against a customer. The plaintiff offers evidence that the employee committed a prior sexual assault in another state. The court admits the evidence under the applicable rule.
Frustrated Attempt Still Liable
Ashford Manufacturing employee Aaron Adams lunges at Artemis Logistics driver Aisha Ahmed with a wrench. A bystander intervenes and stops the swing before contact. Aisha sees the lunge and apprehends imminent harm.
Belief in Imminent Contact Required
Amber Alonzo points a gun at Anita Ali from across a room and pulls the trigger on an empty chamber. Anita believes the gun is loaded and that contact will follow unless she flees. Anita experiences the necessary apprehension of imminent contact.
Common questions
Frequently Asked
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What elements must a plaintiff prove to establish assault?+
A plaintiff must show an act by the defendant that creates a reasonable apprehension of immediate harmful or offensive contact and that the defendant intended to bring about that apprehension.
Supporting sources
Can words alone constitute assault?+
Words alone generally do not suffice for assault. An overt act creating the apprehension is required.
Supporting sources
Does the victim need to fear actual injury for assault liability?+
No. Apprehension of harmful or offensive contact is enough. Fear is not required.
Supporting sources
Is transferred intent available in assault cases?+
Yes. Intent to assault one person transfers to support liability when harmful contact results to another.
Supporting sources
376 U.S. 254 (1964)Remedies
…the Montgomery police, and hence him, of answering Dr. King's protests with "intimidation and violence," bombing his home, assaulting his person, and charging him with perjury. Respondent and six other Montgomery residents testified that they read some or all of the statements as referring to him in his capacity as…
Constitutional LawIndividual rights · Procedural due process, including the constitutional right to process in administrative hearingsNEXTGENIntermediate