Information AboutAssault |
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Assault is a Crime of Violence against another Person . In some Jurisdiction s, including Australia and New Zealand assault refers to an act that causes another to apprehend immediate and personal violence, while in other jurisdictions, such as the United States , assault refers only to the threat of violence caused by an immediate show of force. '''Simple assaults''' that do not involve any Aggravation such as use of a deadly Weapon are distinguished from aggravated assaults in some juridictions. Assault is often defined to include not only violence, but any physical contact with another person without their consent. In Common Law jurisdictions, including England and Wales and the USA, Battery is the crime that represents the unlawful physical contact, though this distinction does not exist in all jurisdictions. Exceptions exist to cover unsolicited physical contact which amount to normal social behavior (for example, patting someone on the back): see (in England and Wales) ''Collins v. Wilcox'' {Link without Title} 3 All ER 374. In most jurisdictions, the intention to cause grievous bodily harm (or its equivalent) may amount to the mental requirement to prefer a charge of Murder in circumstances where the harm inflicted upon the victim proves fatal. In England and Wales, this fact was criticised by Lord Edmund-Davies in ''Cunningham'' {Link without Title} AC 566. AMERICAN JURISPRUDENCE American Common Law has traditionally defined assault as an attempt to commit a Battery . Assault is typically treated as a Misdemeanor and not as a Felony (unless it involves a Law Enforcement officer). The more serious crime of aggravated assault is treated as a felony. Four elements were required at common law: # The apparent, present ability to carry out; # An unlawful attempt; # To commit a violent injury; # Upon another. As the criminal law evolved, element 1 was weakened in most jurisdictions so that a reasonable fear of bodily injury would suffice. These four elements were eventually codified in most states. Modern American statutes define assault as: # an attempt to cause or purposely, knowingly, or recklessly causing bodily injury to another; or, # negligently causing bodily injury to another with a deadly weapon. Some states also define assault as an attempt to menace (or actual menacing) by placing another person in fear of imminent serious bodily injury. States vary whether it is possible to commit an "attempted assault" since it can be considered a double Inchoate Offense . In some states, Consent is a complete defense to assault. In other jurisdictions, mutual consent is an incomplete defense, with the result that the misdemeanor is treated as a ''petty misdemeanor''. | ||
| "http://wwwcrime-preventionde/44101/44701html" class="copylinks" target="_blank">Crime prevention: theory & practice |
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| "http://thomaslocgov/cgi-bin/query/Dc108:5:/temp/~c1082ah2oE::" class="copylinks" target="_blank">HR 1997 / PL 108-212 Unborn Victims of Violence Act of 2004 |
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