assault

Assault is a criminal offense in many jurisdictions and, in some, a civil wrong (tort). It generally refers to either the act of threatening another person with imminent harm or the attempt to apply unlawful force, or, in some systems, to the creation of a reasonable fear of such harm. The key feature is imminence and the defendant’s intentional conduct. Assault is often distinguished from battery, which involves actual physical contact, whereas assault may occur without contact.

Legal definitions vary: some jurisdictions define assault as any intentional act that creates apprehension of imminent harmful or offensive contact, even if no injury occurs. Others require an overt act plus immediate danger. In many places, there are degrees: simple or basic assault and aggravated assault, the latter often tied to use of a weapon, serious injury, or domestic context.

In common law and in many statutory codes, elements typically include: (1) intent to cause apprehension or harm, (2) an overt act or gesture directed at another person, (3) imminent ability to carry out the threat, and (4) lack of consent or lawful excuse. The victim must perceive an imminent threat. Some jurisdictions also address when words alone suffice.

Assault may be a criminal offense, carrying penalties such as fines, probation, or imprisonment; and, in some systems, a tort that subjects the perpetrator to civil liability for damages. Domestic violence laws frequently create specific assault offenses and enhanced penalties.

Common defenses include self-defense, defense of others, lack of intent, consent in appropriate contexts, and necessity. Notable related terms include battery, homicide, false imprisonment, and harassment.