Does An Assault Require Injury? Criminal Law.
Q: I recently heard that because an attempted criminal assault requires the intent to cause injury, an assault requires injury. First, this "logic" seem quite backwards to me. I would define an assault first and attempted assault after that. Second, I thought intentionally hitting someone or even pushing someone was an assault whether there was any injury or not. Maybe not counting something like bumping into someone while pushing through a crowd, or making requiring the intent to injure, but not requiring injury itself.
A: -Your country, state, or province may have statutory provisions relating to an offense variously known as "assault" or "terroristic threatening", which relate to an act committed with the intent of causing apprehension of injury. Apart from whatever criminal code may prevail in your jurisdiction, the common law tort of assault does not require injury, or contact of any kind. The common law tort relevant to an act of physical contact is battery. "Attempted assault" as you put it somewhat misses the mark, since an attempted battery is one form of assault. An assault may simply consist of a threatening display of force intended to put you in fear of bodily injury. -That would be incorrect, under the common-law definition. An assault has nothing to do with causing injury. An assault is either: 1) intentionally placing a person under reasonable apprehension of an imminent battery (which is a harmful or offensive touching), or 2) attempting a battery. If you replace "assault" with "battery", that becomes a correct statement under common law. -It's even stronger than that: it's assault if the threat is credible, whether there is any contact or not. Assault can be the mere making of a threatening gesture, if the other person reasonably believes that you might follow through. "ASSAULT - Whenever one person makes a willful attempt or threat to injure someone else, and also has an apparent, present ability to carry out the threat such as by flourishing or pointing a dangerous weapon or device at the other. An "assault" may be committed without actually striking or injuring another person. (same as forcible assault)" 'battery: n. the actual intentional striking of someone, with intent to harm, or in a "rude and insolent manner" even if the injury is slight. Negligent or careless unintentional contact is not battery no matter how great the harm. Battery is a crime and also the basis for a lawsuit as a civil wrong if there is damage. It is often coupled with "assault" (which does not require actual touching) in "assault and battery."'