The Law Q&A
Assault is an offense that involves the threat of or attempt to cause bodily harm to another. Depending on the circumstances, it is either a felony or misdemeanor crime. A conviction of assault can result in jail time, probation, fines and other penalties. The punishments depend on the severity of the crime and whether or not you have any prior criminal records.
Most jurisdictions have separate laws on assault and battery. In some jurisdictions, the terms are combined into a single crime called “assault and battery.” Assault is the wrong act that makes a person fear imminent harmful or offensive contact with the tortfeasor. The victim’s apprehension of the harmful or offensive contact must be something that an ordinary reasonable person would believe and perceive as threatening.
Some states have a crime called simple assault, which does not require any injury. Instead, it requires that the actor intended to put the victim in reasonable apprehension of an imminent battery by the tortfeasor. The actor must have acted under conditions that make it highly probable that the victim will apprehension an imminent harmful or offensive contact from the tortfeasor.
Touching a person in a way that is likely to cause harm or to offend the victim violates prevailing social standards of acceptable touching. It may also be deemed to violate this standard if the victim is unusually averse to such contact. The legal term “harmful or offensive” means that the touch was a serious violation of these standards. The tortfeasor must have known that the contact violated these standards.
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