Also known as: assaults · assaulted · assaulting · assailant · assailants · assaultee · assaultees · assaulter · assaulters
Written by attorneys — see sources 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.
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.
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.
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.
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.
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.
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.
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
Words alone generally do not suffice for assault. An overt act creating the apprehension is required.
No. Apprehension of harmful or offensive contact is enough. Fear is not required.
Yes. Intent to assault one person transfers to support liability when harmful contact results to another.
…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…