Also known as: assault
Written by attorneys · grounded in primary & secondary sources — see below
An apprehension of immediate harmful or offensive bodily contact that supports liability for assault when intentionally caused by the actor. The victim must believe the contact will occur unless avoided by self-defense, flight, or outside intervention.
Select any source to read its text and confirm it supports the definition.
Isabella Ingram raises her fist and steps toward Idris Ives while yelling that she will strike him. Idris sees the motion and believes contact is seconds away. The imminent apprehension satisfies the element for assault liability even though no blow lands.
Isla Ireland faces criminal charges after a confrontation. The prosecutor seeks to introduce testimony that she committed a similar assault weeks earlier. The court admits the evidence to show her intent to create imminent apprehension of battery in the charged incident.
India Inoue swings a bat at Ivy Ibarra from behind a pillar. Ivy never notices the motion before the swing stops short. Because Ivy lacks awareness of the attempt, no imminent apprehension arises and assault liability does not attach.
Imperial Motors sues a former employee for alleged sexual assault during an office dispute. The plaintiff offers evidence of the defendant's earlier similar conduct. The court admits the evidence on the issue of whether the employee created an imminent apprehension of battery.
Isabelle Inman lunges at Ivy Investments' security guard with a raised hand. A bystander grabs her arm mid-motion. The guard's awareness of the immediate threat creates the required apprehension even though the attempt is thwarted.
Inertia Dynamics' manager advances on an employee while brandishing a wrench. The employee reasonably believes a blow will land unless he retreats. That belief satisfies the apprehension element even if the manager later claims he only meant to intimidate.
The victim must actually believe that harmful or offensive contact will occur immediately unless avoided by self-defense, flight, or outside force. The belief need not be that of a person of ordinary courage.
Supporting sources
No. Liability requires that the victim become aware of the attempt before it ends. An unseen swing or gesture creates no imminent apprehension.
Supporting sources
Yes. Once the victim experiences the required apprehension of immediate contact, subsequent frustration or abandonment of the attempt does not eliminate liability.
Supporting sources
…with his arrest for loitering outside a courtroom, one of the officers who made the arrest denied that there was such an assault. On the premise that the charges in the sixth paragraph could be read as referring to him, respondent was allowed to prove that he had not participated in the events described. Although…