Misdemeanor assault

In criminal and civil law, assault is an attempt to initiate harmful or offensive contact with a person, or a threat to do so. It is distinct from battery, which refers to the actual achievement of such contact.

An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal and/or civil liability. Generally, the common law definition is the same in criminal and tort law. There is, however, an additional criminal law category of assault consisting of an attempted but unsuccessful battery. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more limited sense of a threat of violence caused by an immediate show of force. Assault in many US jurisdictions and Scotland is defined more broadly still as any intentional physical contact with another person without their consent; but in England and Wales and in most other common law jurisdictions in the world, this is defined instead as battery. Some jurisdictions have incorporated the definition of civil assault into the definition of the crime making it a criminal assault intentionally to cause another person to apprehend a harmful or offensive contact.

Assault usually accompanies battery if the assailant both threatens to make unwanted contact and then carries through with this threat. See common assault. The elements of battery are (1) a volitional act (2) done for the purpose of causing a harmful or offensive contact with another person or under circumstances that make such contact substantially certain to occur and (3) which causes such contact. Thus throwing a rock at someone for the purpose of hitting him is a battery if the rock in fact strikes the person, and is an assault if the rock misses.

Aggravated assault is, in some jurisdictions, a stronger form of assault, usually using a deadly weapon. A person has committed an aggravated assault when that person attempts to:

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