Assault is the offense of intentionally causing another person to reasonably fear imminent physical harm or unwanted contact, or, in many statutory schemes, of actually inflicting or attempting to inflict such harm, making it one of the most commonly charged violent offenses across virtually every legal system. Its precise legal meaning varies considerably by jurisdiction: some systems use assault to mean only the threat or attempt, reserving a separate offense (battery) for actual physical contact, while others fold both concepts into a single graded assault offense, ranging from simple assault, a minor threat or minor injury, up to aggravated assault, typically involving a weapon, a serious injury, or an assault on a protected category of victim such as a police officer. Aggravating factors that commonly elevate an assault charge include the use of a deadly weapon, the severity of resulting injury, the victim's vulnerability or occupation, and the relationship between the parties, with assault occurring within a domestic or family relationship frequently prosecuted or classified separately as domestic violence. Assault is among the most frequently recorded offenses in criminal justice statistics worldwide and is a central subject of criminological research into interpersonal violence, victimization patterns, and the deterrent and rehabilitative effects of different sentencing approaches.
Facts
Classification CodeAssault is graded very differently across jurisdictions: the United States generally splits it into simple assault, usually a misdemeanor, and aggravated assault, usually a felony, while England, Wales and Australia grade it as common assault, assault occasioning actual bodily harm (ABH), or grievous bodily harm (GBH), and Canada uses a three tier system of assault, assault causing bodily harm and aggravated assault. 1 Typical PenaltySimple assault is typically classified as a misdemeanor, while aggravated assault, such as an assault committed with a deadly weapon or with intent to cause serious bodily injury, is typically classified as a felony carrying substantially longer prison terms. 1 Elements of OffenseAt common law, assault required an apparent, present ability to carry out an unlawful attempt to commit a violent injury upon another person; as the law evolved, most jurisdictions weakened this so that a reasonable fear of bodily injury is enough, even without actual contact or a real capacity to carry out the threat. 1 Notable ExampleConsent is not always a defense to assault: in English law it is not available where the degree of injury is severe, illustrated by the prosecutions arising from the Operation Spanner investigation into consensual sadomasochistic activity, described in law as the most notable case on this point. 1 Jurisdiction VariationSome jurisdictions merge assault and battery into one offense: many United States states that combined the two now call the combined offense simply assault, effectively giving it the traditional meaning of battery, while civil law systems and Scots law have never distinguished the two crimes at all. 1 Classification
Offense GradeMinor or Summary Offense 1 Connections
Associated With
Source Wikipedia: Hate Crime
Exemplified By Cases
Source Wikipedia: Central Park Jogger Case
Sources
1. Assault (Wikipedia)
Wikipediaen.wikipedia.org/wiki/Assault, lead paragraph
In the terminology of law, an assault is the act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so.
Lead section, grading passage
In England and Wales and Australia, it can be charged as either common assault, assault occasioning actual bodily harm (ABH) or grievous bodily harm (GBH).
State laws section
Aggravated assault is typically classified as a felony offense.
United States section, common law elements
As the criminal law evolved, element one was weakened in most jurisdictions so that a reasonable fear of bodily injury would suffice.
Consent section
This can have important consequences when dealing with issues such as consensual sadomasochistic sexual activity, the most notable case being the Operation Spanner case.
Lead section, common law distinction passage
The legal systems of civil law and Scots law have never distinguished assault from battery.
View the Source Wikipedia: Central Park Jogger Case
Exemplified By Cases: Central Park Jogger Case, Exoneration sectionQuote, Exemplified By Cases: Central Park Jogger Case, Exoneration section
In 2002, serial rapist Matias Reyes confessed to the assault, stating he acted alone.
View the Source Wikipedia: Hate Crime
Associated With: Hate Crime, Lead sectionQuote, Associated With: Hate Crime, Lead section
A hate crime is a standard offence (such as assault or murder) with an added element of bias against a victim because of their physical appearance or perceived membership of a certain social group.
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