Also known as: reasonable apprehensions · reasonable fear of harm
Written by attorneys · grounded in primary & secondary sources — see below
An apprehension of imminent harmful or offensive bodily contact that a reasonable person would form under the circumstances.
Renee Rogers swung a wrench toward technician Kathleen but stopped short while stating that contact would occur only if Kathleen miscalibrated again. Kathleen formed no belief that contact was about to happen immediately. The conditional statement prevented any reasonable apprehension of imminent harm.
Deckhand Peggy faced an aggressive advance by Jamie on a pitching deck. Peggy raised a boat hook and stopped short of contact. Peggy's action reflected a reasonable apprehension that Jamie's approach threatened serious bodily harm, justifying the limited defensive gesture.
Select any source to read its text and confirm it supports the definition.
Patron Alex raised a fist toward patron Jordan in a bar after an argument. Jordan stepped back believing immediate contact was about to occur. Jordan's reasonable apprehension of imminent harmful contact satisfied the assault element even though no blow landed.
Officer Lee saw suspect Morgan reach suddenly toward a pocket during a lawful stop. Lee formed a reasonable apprehension that harmful contact was imminent and responded with a quick defensive grab. The apprehension justified the limited force under the circumstances.
The plaintiff must demonstrate that the defendant's conduct caused a reasonable belief that harmful or offensive contact was about to occur immediately. Words alone are insufficient unless accompanied by acts that create that belief. The apprehension must be of imminent contact, not future harm.
Yes. A threat that makes contact contingent on a future event prevents the plaintiff from forming a reasonable apprehension of imminent contact. The conditional language removes the imminence required for assault liability.
Yes. An actor may use force intended only to create reasonable apprehension when facing conduct that threatens serious bodily harm. The privilege turns on the actor's reasonable belief about the threatened harm rather than the actual injury that results.
…officer is equally unjustified, absent that kind of evidence, in making any intrusions short of an arrest. Moreover, a perfectly reasonable apprehension of danger may arise long before the officer is possessed of adequate information to justify taking a person into custody for the purpose of prosecuting him for a crime. Petitioner's…