Also known as:attempted battery · attempts to commit battery · assault · attempted assault
Written by attorneys · grounded in primary & secondary sources — see below
Conduct by which an actor intends to cause a harmful or offensive bodily contact with another but fails to complete the contact. The attempt supplies the intent element for assault when the victim is placed in imminent apprehension of the contact.
Sources & Authorities
How it applies
Common Examples
6
Headset Swing Creates Apprehension
Adrian Aguilar swung a headset near Angela Acosta's ear intending to scare her during an argument at work. The headset stopped short without contact, but Angela flinched believing she would be struck. Adrian's conduct constituted an attempt to commit a battery that satisfied the elements of assault.
Prior Assault Evidence Admitted
Aisha Ahmed faced trial for sexual assault after an alleged workplace incident. The prosecutor offered evidence that Aisha had previously attempted to commit a battery on another employee by swinging a stapler at her head. The court allowed the evidence to show Aisha's intent and pattern under the applicable rule.
Select any source to read its text and confirm it supports the definition.
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Course Outlines
Anika Anand grabbed a pitchfork and drove it toward Austin Abbott's torso while yelling a threat. Austin never saw the motion because his back was turned, so he experienced no apprehension before Anika stopped short. The attempt to commit a battery created no assault liability.
Civil Claim Allows Pattern Evidence
Amelia Amari sued Alliance Holdings after a supervisor attempted to commit a battery by thrusting a pointer at her face during a meeting. The court admitted evidence of the supervisor's prior similar attempts on other employees to prove the pattern of conduct in the civil sexual assault claim.
Frustrated Attempt Still Liable
Aether Technologies employee Aisha Ahmed thrust a metal hook toward Adrian Aguilar's face during an argument on the factory floor. Adrian saw the motion and froze in fear before Aisha halted the hook an inch away. The attempt to commit a battery supported assault liability even though contact never occurred.
Imminent Contact Belief Required
Apex Dynamics supervisor Angela Acosta swung a boathook at Anika Anand's torso while shouting a threat. Anika believed the hook would strike her unless she fled, satisfying the apprehension element. The attempt to commit a battery therefore created liability for assault.
Common questions
Frequently Asked
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How does an attempt to commit a battery differ from a completed battery?+
An attempt to commit a battery requires intent to cause harmful or offensive contact but no actual touching occurs. Battery requires both the intent and the completed contact. The attempt can still support assault liability if the victim experiences imminent apprehension.
Supporting sources
Must the victim see the attempt for it to constitute assault?+
Yes. If the victim remains unaware of the attempt before it ends, no assault liability arises even though the actor intended harmful contact. The victim must actually experience the imminent apprehension.
Supporting sources
Does stopping short of contact defeat assault liability?+
No. Once the actor has placed the victim in apprehension of immediate harmful contact, liability for assault exists even if the attempt is later terminated or frustrated.
Supporting sources
What belief must the victim hold for the attempt to support assault?+
The victim must believe the act may result in imminent contact unless prevented by self-defense, flight, or outside intervention. Mere words or unseen gestures do not satisfy this requirement.
Supporting sources
514 U.S. 549 (1995)Constitutional Law
…for parents to allow student to possess firearm at school); Straight Shooter: Gov. Casey's Reasonable Plan to Control Assault Weapons, Pittsburgh Post-Gazette, Mar. 14, 1994, p. B2 (proposed bill); Bailey, Anti-Crime Measures Top Legislators' Agenda, Los Angeles Times, Orange Cty. ed., Mar. 7, 1994, p. B1, col. 2…
TortsIntentional torts · Harms to the person and property interests (assault, battery, false imprisonment, infliction of mental distress, trespass to land and chattels, conversion)UBEFoundational