View source for Assault

{{Short description|Physical or verbal attack of another person}}
{{About|the criminal act|tortious aspects of assault|Assault (tort)|other uses|Assault (disambiguation)}}
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{{Use dmy dates|date=July 2020}}
[[File:Southern Chivalry.jpg|thumb|right|275px|1856 lithograph of the [[caning of Charles Sumner]]]]
{{Criminal law}}
An '''assault''' is the act of inflicting physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action.<ref>{{cite web|title=Assault and Battery Overview|url=http://criminal.findlaw.com/criminal-charges/assault-and-battery-overview.html|access-date=18 September 2016|website=criminal.findlaw.com|publisher=criminal.findlaw}}</ref> It is both a [[crime]] and a [[tort]] and, therefore, may result in criminal prosecution, civil liability, or both. Generally, the common law definition is the same in criminal and [[Assault (tort)|tort law]].

Traditionally, [[common law]] legal systems have separate definitions for assault and [[Battery (crime)|battery]]. When this distinction is observed, battery refers to the actual bodily contact, whereas assault refers to a credible threat or attempt to cause battery. Some jurisdictions combined the two offences into a single crime called "assault and battery", which then became widely referred to as "assault". The result is that in many of these jurisdictions, assault has taken on a definition that is more in line with the traditional definition of battery. The legal systems of [[Civil law (legal system)|civil law]] and [[Scots law]] have never distinguished assault from battery.

Legal systems generally acknowledge that assaults can vary greatly in severity. In the [[United States]], an assault can be charged as either a [[misdemeanor]] or a [[felony]]. 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). Canada also has a three-tier system: assault, [[assault causing bodily harm]] and [[aggravated assault]]. Separate charges typically exist for [[sexual assault]]s, [[affray]] and [[Assaulting a constable in the execution of his duty|assaulting a police officer]]. Assault may overlap with an [[attempt]]ed crime; for example an assault may be charged as an [[attempted murder]] if it was done with intent to kill.

{{TOC limit|3}}

==Related definitions==

===Battery===
In jurisdictions that make a distinction between the two, assault usually accompanies [[Battery (crime)|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 that it is a volitional act,<ref>An act is volitional if it is purposeful and deliberate as opposed to reflexive or involuntary (see Dennis J. Baker, Glanville Williams, ''Textbook of Criminal Law'' (London, Sweet & Maxwell 2012) at p 901). For example. a person who has restless leg syndrome kicks his wife while asleep. The contact, although, harmful, would not constitute battery because the act was not willful.</ref> 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 which causes such contact.<ref>A criminal battery may also be committed if the harmful or offensive contact is due to the criminal negligence of the defendant.</ref>

===Aggravated assault===
[[Aggravation (legal concept)|Aggravated]] assault is, in some jurisdictions, a stronger form of assault, usually using a [[deadly weapon]].<ref>{{cite web |title=Crime in the United States 2010: Aggravated Assault |work=[[Federal Bureau of Investigation]] |url=https://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2010/crime-in-the-u.s.-2010/violent-crime/aggravatedassaultmain}}</ref> A person has committed an aggravated assault when that person attempts to:
* cause serious bodily injury to another person with a deadly weapon<ref name="Baker">{{cite book|last1=Baker|first1=Dennis|last2=William|first2=Glanville|title=Textbook of Criminal Law|publisher=London, Sweet & Maxwell|chapter=9}}</ref>
* have sexual relations with a person who is under the [[age of consent]]
* cause bodily harm by recklessly operating a [[motor vehicle]] during [[road rage]]; often referred to as either ''vehicular assault'' or ''aggravated assault with a motor vehicle''.

Aggravated assault can also be charged in cases of attempted harm against police officers or other public servants.

==Defenses==
Although the range and precise application of defenses varies between jurisdictions, the following represents a list of the defenses that may apply to all levels of assault:

===Consent===
Exceptions exist to cover unsolicited physical contact which amount to normal social behavior known as [[de minimis]] harm. Assault can also be considered in cases involving the spitting on, or unwanted exposure of bodily fluids to others.

[[consent (criminal law)|Consent]] may be a complete or partial defense to assault. In some jurisdictions, most notably England, it is not a defense where the degree of injury is severe, as long as there is no legally recognized good reason for the assault.<ref>(RvG ref 6. 1980): see {{cite web|title=R v Brown (1993) 2 All ER 75|url=http://lawteacher.net/Criminal/Non+Fatal+Assaults/Consent+R+v+Brown.htm|url-status=dead|archive-url=https://web.archive.org/web/20071016125514/http://lawteacher.net/Criminal/Non%20Fatal%20Assaults/Consent%20R%20v%20Brown.htm|archive-date=16 October 2007|access-date=2009-09-17|website=LawTeacher}}</ref> This can have important consequences when dealing with issues such as consensual [[sadomasochism|sadomasochistic sexual activity]], the most notable case being the [[Operation Spanner]] case. Legally recognized good reasons for consent include surgery, activities within the rules of a game ([[mixed martial arts]], [[wrestling]], [[boxing]], or [[contact sports]]), bodily adornment (''R v Wilson'' [1996] Crim LR 573), or horseplay (''R v Jones'' [1987] Crim LR 123). However, any activity outside the rules of the game is not legally recognized as a defense of consent. In Scottish law, consent is not a defense for assault.<ref>{{cite web|url=http://www.bailii.org/scot/cases/ScotHC/1975/1975_JC_30.html|title=''Smart v. H. M. Advocate'', [1975<nowiki>]</nowiki> ScotHC HCJ_1, 1975 SLT 65, 1975 JC 30.|website=bailii.org|access-date=23 July 2018}}</ref>

===Arrest and other official acts===
[[Police officers]] and court officials have a general power to [[Use of force|use force]] for the purpose of performing an [[arrest]] or generally carrying out their official duties. Thus, a court officer taking possession of goods under a court order may use force if reasonably necessary.

===Punishment===
In some jurisdictions such as [[Caning in Singapore|Singapore]], [[judicial corporal punishment]] is part of the [[legal system]]. The officers who administer the punishment have [[Sovereign immunity|immunity]] from prosecution for assault.

In the United States, the United Kingdom, Australia and Canada, [[Corporal punishment in the home#Where corporal punishment in the home is lawful|corporal punishment administered to children by their parent or legal guardian]] is not legally considered to be assault unless it is deemed to be excessive or unreasonable. What constitutes "reasonable" varies in both statutory law and [[case law]]. Unreasonable physical punishment may be charged as assault or under a separate statute for [[child abuse]].

Many countries, including some US states, also permit the use of corporal punishment for [[School corporal punishment|children in school]]. In [[English law]], s.&nbsp;58 [[Children Act 2004]] limits the availability of the lawful correction defense to common assault under s.&nbsp;39 [[Criminal Justice Act 1988]].

===Prevention of crime===
This may or may not involve self-defense in that, using a reasonable degree of force to prevent another from committing a crime could involve preventing an assault, but it could be preventing a crime not involving the use of personal violence.

===Defense of property===
Some jurisdictions allow force to be used in [[Defence of property|defense of property]], to prevent damage either in its own right, or under one or both of the preceding classes of defense in that a threat or attempt to damage property might be considered a crime (in English law, under s5 [[Criminal Damage Act 1971]] it may be argued that the defendant has a ''lawful excuse'' to damage property during the defense and a defense under s3 [[Criminal Law Act 1967]]) subject to the need to deter [[vigilante]]s and excessive self-help. Furthermore, some jurisdictions, such as Ohio, allow residents in their homes to use force when ejecting an intruder. The resident merely needs to assert to the court that they felt threatened by the intruder's presence.

==Regional details==

The following are the countries with the most cases of assault according to the United Nations in 2018.<ref>{{cite web| url = https://dataunodc.un.org/data/crime/Serious%20assault| url-status = dead| archive-url = https://web.archive.org/web/20200524030751/https://dataunodc.un.org/data/crime/Serious%20assault| archive-date = 24 May 2020| title = Serious assault {{!}} dataUNODC}}</ref> 
{| class="wikitable sortable" style="text-align:right;"
! Country
! {{font color | black | Count}}
! {{font color | black | Rate}} 
|-
|align="left"|{{Sort|010|{{Flag|United States}}}} 
|807,400
|246.84
|-
|align="left"|{{Sort|037|{{Flag|Brazil}}}} 
|574,614
|274.32
|-
|align="left"|{{Sort|048|{{Flag|United Kingdom}}}} 
|547,060
|925.40
|-
|align="left"|{{Sort|048|{{Flag|Colombia}}}} 
|171,881
|346.11
|-
|align="left"|{{Sort|048|{{Flag|Germany}}}} 
|136,727
|164.48
|-
|}

=== Australia ===
The term 'assault', when used in legislation, commonly refers to both common assault and battery, even though the two offences remain distinct. Common assault involves intentionally or recklessly causing a person to apprehend the imminent infliction of unlawful force, whilst battery refers to the actual infliction of force.<ref>{{cite AustLII|NSWCA|431|2004|litigants=Darby v DPP |parallelcite=(2004) 61 [[NSW Law Reports|NSWLR]] 558 |courtname=auto}}.</ref>

Each state has legislation relating to the act of assault, and offences against the act that constitute assault are heard in the [[magistrates' court]] of that state or indictable offences are heard in a district or supreme court of that state. The legislation that defines assault of each state outline what the elements are that make up the assault, where the assault is sectioned in legislation or criminal codes, and the penalties that apply for the offence of assault.<ref>{{Cite web|url=http://www.findlaw.com.au/articles/4274/assault-laws-in-australia-definitions-and-defences.aspx|title=Assault Laws in Australia: Definitions and Defences|website=findlaw.com.au|access-date=2016-03-12}}</ref>

In New South Wales, the [[Crimes Act 1900]]<ref>{{cite Legislation AU|NSW|act|ca190082|Crimes Act 1900}}.</ref> defines a range of assault offences deemed more serious than common assault and which attract heavier penalties. These include:

====Assault with further specific intent====
* Acts done to the person with intent to murder<ref>{{cite Legislation AU|NSW|act|ca190082|Crimes Act 1900|27}}</ref>
* Wounding or grievous bodily harm<ref>{{cite Legislation AU|NSW|act|ca190082|Crimes Act 1900|33}}</ref>
* Use or possession of a weapon to resist arrest<ref>{{cite Legislation AU|NSW|act|ca190082|Crimes Act 1900|33B}}</ref>

====Assault causing certain injuries====
* Actual bodily harm<ref>{{cite Legislation AU|NSW|act|ca190082|Crimes Act 1900|59}}</ref> – the term is not defined in the ''Crimes Act'', but case law indicates actual bodily harm may include injuries such as bruises and scratches,<ref name="AustLII">{{cite AustLII|NSWCCA|305|2009|litigants=R v McIntyre |courtname=auto}}.</ref> as well as psychological injuries<ref>{{cite AustLII|NSWCCA|442|2005|litigants=Li v R |courtname=auto}}.</ref> if the injury inflicted is more than merely transient (the injury does not necessarily need to be permanent)<ref>''R v Donovan'' [1934] 2 [[Kings Bench Law Reports|KB]] 498; [http://www.austlii.edu.au/nz/cases/NZPoliceLawRp/1934/8.pdf (1934) 5 New Zealand Police Law Reports 247].</ref>
* Wounding<ref>{{cite Legislation AU|NSW|act|ca190082|Crimes Act 1900|35}}(4).</ref> – where there is breaking of the skin;<ref name="AustLII"/>
* Grievous bodily harm<ref>{{cite Legislation AU|NSW|act|ca190082|Crimes Act 1900|35}}(2).</ref> – which includes the destruction of a foetus, permanent or serious disfiguring, and transmission of a grievous bodily disease<ref>{{cite Legislation AU|NSW|act|ca190082|Crimes Act 1900|4}}.</ref>

====Assault causing death====
* Death<ref>{{cite Legislation AU|NSW|act|ca190082|Crimes Act 1900|25a}}</ref>
* Death when intoxicated (in regards to the offender)<ref>{{cite Legislation AU|NSW|act|ca190082|Crimes Act 1900|25b}}</ref>

===Canada===
Assault is an offence under s. 265 of the Canadian [[Criminal Code (Canada)|Criminal Code]].<ref name="1985-46">{{cite web|title=CanLII – Criminal Code, RSC 1985, c C-46|url=http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html|url-status=dead|archive-url=https://web.archive.org/web/20150430001252/http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html|archive-date=30 April 2015|access-date=10 May 2015|website=Canlii}}</ref> There is a wide range of the types of assault that can occur. Generally, an assault occurs when a person directly or indirectly applies force intentionally to another person without their consent. It can also occur when a person attempts to apply such force, or threatens to do so, without the consent of the other person. An injury need not occur for an assault to be committed, but the force used in the assault must be offensive in nature with an intention to apply force. It can be an assault to "tap", "pinch", "push", or direct another such minor action toward another, but an accidental application of force is not an assault.

The potential punishment for an assault in Canada varies depending on the manner in which the charge proceeds through the court system and the type of assault that is committed. The Criminal Code defines assault as a dual offence (indictable or summary offence). Police officers can arrest someone without a warrant for an assault if it is in the public's interest to do so notwithstanding S.495(2)(d) of the Code.<ref name=1985-46/> This public interest is usually satisfied by preventing a continuation or repetition of the offence on the same victim.

Some variations on the ordinary crime of assault include:

* Assault: The offence is defined by section 265 of the Code.<ref name=1985-46/>
* Assault with a weapon: Section 267(a) of the Code.<ref name=1985-46/>
* Assault causing bodily harm: See [[assault causing bodily harm]] Section 267(b) of the Code.<ref name=1985-46/>
* Aggravated assault: Section 268 of the Code.<ref name=1985-46/>
* Assaulting a peace officer, etc.: Section 270 of the Code.<ref name=1985-46/>
* Sexual assault: Section 271 of the Code.<ref name=1985-46/>
* Sexual assault with a weapon or threats or causing bodily harm: Section 272 of the Code.<ref name=1985-46/>
* Aggravated sexual assault: See [[aggravated sexual assault]].

An individual cannot consent to an assault with a weapon, assault causing bodily harm, aggravated assault, or any sexual assault. Consent will also be vitiated if two people consent to fight but serious bodily harm is intended and caused (R v Paice; R v Jobidon). A person cannot consent to serious bodily harm.

===Ancient Greece===
Assault in Ancient Greece was normally termed [[hubris]]. Contrary to modern usage, the term did not have the extended connotation of overweening [[pride]], self-confidence or arrogance, often resulting in fatal retribution. In Ancient Greece, "hubris" referred to actions which, intentionally or not, shamed and humiliated the victim, and frequently the perpetrator as well. It was most evident in the public and private actions of the powerful and rich.

Violations of the law against hubris included, what would today be termed, assault and battery; sexual crimes ranging from forcible [[rape]] of women or children to consensual but improper activities; or the theft of public or sacred property.<ref>MacDowell (1976) p. 25.</ref> Two well-known cases are found in the speeches of [[Demosthenes]], a prominent statesman and orator in ancient [[Greece]]. These two examples occurred when first, in addition to other acts of violence, Meidias allegedly punched Demosthenes in the face in the theater ([[Against Meidias]]), and second (Against Konon), when the defendant allegedly severely beat him.

Hubris, though not specifically defined, was a legal term and was considered a crime in classical Athens. It was also considered the greatest sin of the ancient Greek world. That was so because it not only was proof of excessive pride, but also resulted in violent acts by or to those involved. The category of acts constituting hubris for the ancient Greeks apparently broadened from the original specific reference to mutilation of a corpse, or a humiliation of a defeated foe, or irreverent, "outrageous treatment", in general.

The meaning was eventually further generalized in its modern English usage to apply to any outrageous act or exhibition of pride or disregard for basic moral laws. Such an act may be referred to as an "act of hubris", or the person committing the act may be said to be hubristic. [[Atë]], Greek for 'ruin, folly, delusion', is the action performed by the hero, usually because of their hubris, or great pride, that leads to their death or downfall.

Crucial to this definition are the ancient Greek concepts of honor (timē) and shame. The concept of timē included not only the exaltation of the one receiving honor, but also the shaming of the one overcome by the act of hubris. This concept of honor is akin to a [[zero-sum]] game. [[Rush Rehm]] simplifies this definition to the contemporary concept of "insolence, contempt, and excessive violence".

===India===
The Indian Penal Code covers the punishments and types of assault in Chapter 16,<ref>{{citation|url=http://devgan.in/ipc/chapter_16.php#s351|title=Indian Penal Code Chapter XVI}}</ref> sections 351 through 358.
{{Quotation|Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault.|§351 of the Indian Penal Code<ref>{{Cite web|url=http://www.vakilno1.com/bareacts/indianpenalcode/S351.htm|title=Vakil No1.com – "Indian Penal Code"|access-date=2 March 2011|archive-url=https://web.archive.org/web/20110205035155/http://www.vakilno1.com/bareacts/indianpenalcode/S351.htm|archive-date=5 February 2011|url-status=dead}}</ref>}}

The Code further explains that "mere words do not amount to an assault. But the words which a person uses may give to their gestures or preparation such a meaning as may make those gestures or preparations amount to an assault". Assault is in Indian criminal law an attempt to use criminal force (with criminal force being described in s.350). The attempt itself has been made an offence in India, as in other states.

===Nigeria===
The Criminal Code Act (chapter 29 of Part V; sections 351 to 365) creates a number of offences of assault.<ref>{{cite web|title=Criminal Code Act-PartV|url=http://www.nigeria-law.org/Criminal%20Code%20Act-PartV.htm#Chapter%2029|url-status=dead|archive-url=https://web.archive.org/web/20021124135626/http://www.nigeria-law.org/Criminal%20Code%20Act-PartV.htm|archive-date=24 November 2002|access-date=10 May 2015}}</ref> Assault is defined by section 252 of that Act. Assault is a misdemeanor punishable by one year imprisonment; assault with "intent to have carnal knowledge of him or her" or who indecently assaults another, or who commits other more-serious variants of assault (as defined in the Act) are guilty of a felony, and longer prison terms are provided for.<ref>{{cite web|title=Criminal Code Act-PartV|url=http://www.nigeria-law.org/Criminal%20Code%20Act-PartV.htm#Chapter%2025|url-status=dead|archive-url=https://web.archive.org/web/20021124135626/http://www.nigeria-law.org/Criminal%20Code%20Act-PartV.htm#Chapter%2025|archive-date=24 November 2002|access-date=10 May 2015}}</ref>

===Pacific Islands===
'''Marshall Islands'''

The offence of assault is created by section 113 of the Criminal Code.<ref>[http://www3.paclii.org/mh/legis/consol_act/cc94/ Criminal Code [31 MIRC Ch 1&#93;<!-- Bot generated title -->] {{webarchive|url=https://web.archive.org/web/20090413025838/http://www.paclii.org/mh/legis/consol_act/cc94/ |date=13 April 2009 }}</ref> A person is guilty of this offence if they unlawfully offer or attempt, with force or violence, to strike, beat, wound, or do bodily harm to, another.

===Republic of Ireland===
Section 2 of the [[Non-Fatal Offences against the Person Act 1997]] creates the offence of assault, and section 3 of that Act creates the offence of [[assault causing harm]].

===South Africa===
[[South African law]] does not draw the distinction between assault and battery. ''Assault'' is a [[common law crime]] defined as "unlawfully and intentionally applying force to the person of another, or inspiring a belief in that other that force is immediately to be applied to him". The law also recognises the crime of ''assault with intent to cause [[grievous bodily harm]]'', where grievous bodily harm is defined as "harm which in itself is such as seriously to interfere with health".<ref>{{cite book |first=John |last=Milton |title=South African Criminal Law and Procedure: Common-law crimes |location=Cape Town |publisher=Juta & Co |year=1996 |edition=3rd |isbn=978-0-7021-3773-0 |pages=405–437}}</ref> The common law crime of ''[[indecent assault]]'' was repealed by the [[Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007]], and replaced by a statutory crime of ''[[sexual assault]]''.

===United Kingdom===
;Piracy with violence: Section 2 of the [[Piracy Act 1837]] provides that it is an offence, amongst other things, for a person, with intent to commit or at the time of or immediately before or immediately after committing the crime of piracy in respect of any ship or vessel, to assault, with intent to [[Murder in English law|murder]], any person being on board of or belonging to such ship or vessel.
;Assault on an officer of Revenue and Customs: This offence (relating to officers of [[Her Majesty's Revenue and Customs|HMRC]]) is created by section 32(1) of the [[Commissioners for Revenue and Customs Act 2005]].
;Assaulting an immigration officer: This offence is created by [http://www.legislation.gov.uk/ukpga/2007/30/section/22 section 22(1)] of the [[UK Borders Act 2007]].
;Assaulting an accredited financial investigator: This section is created by section 453A of the [[Proceeds of Crime Act 2002]].<ref>Section 453A was inserted by [http://www.legislation.gov.uk/ukpga/2007/27/section/81 section 81(2)] of the [[Serious Crime Act 2007]] and amended by [http://www.legislation.gov.uk/ukpga/2009/26/schedule/7/paragraph/94 paragraph 94] of Schedule 7 to the [[Policing and Crime Act 2009]].</ref>
;Assaulting a member of an international joint investigation team: This offence is created by [http://www.legislation.gov.uk/ukpga/2005/15/section/57 section 57(2)] {{Webarchive|url=https://web.archive.org/web/20210226203609/https://www.legislation.gov.uk/ukpga/2005/15/section/57 |date=26 February 2021 }} of the [[Serious Organised Crime and Police Act 2005]].
;Attacks on internationally protected persons: Section 1(1)(a) of the [[Internationally Protected Persons Act 1978]] (c.17) makes provision for assault occasioning actual bodily harm or causing injury on "protected persons" (including Heads of State).
;Attacks on UN Staff workers: Section 1(2)(a) of the [[United Nations Personnel Act 1997]] (c.13) makes provision for assault causing injury, and section 1(2)(b) makes provision for assault occasioning actual bodily harm, on UN staff.
;Assault by person committing an offence under the Night Poaching Act 1828: This offence is created by section 2 of the [[Night Poaching Act 1828]].

Abolished offences:

;Assault on customs and excise officers, etc.: Section 16(1)(a) of the [[Customs and Excise Management Act 1979]] (c.2) provided that it was an offence to, amongst other things, assault any person duly engaged in the performance of any duty or the exercise of any power imposed or conferred on him by or under any enactment relating to an assigned matter, or any person acting in his aid. For the meaning of "assault" in this provision, see Logdon v. DPP [1976] Crim LR 121, [[Divisional Court (England and Wales)|DC]]. This offence was abolished and replaced by the [[Commissioners for Revenue and Customs Act 2005]].
;Assaulting a person designated under section 43 of the Serious Organised Crime and Police Act 2005: This offence was created by [http://www.legislation.gov.uk/ukpga/2005/15/section/51 section 51(1)] of the [[Serious Organised Crime and Police Act 2005]]. It related to officers of the [[Serious Organized Crime Agency]] and was repealed when that agency was abolished.

====England and Wales====
{{See also|Battery (crime)#England and Wales}}

English law provides for two offences of assault: [[common assault]] and [[battery (crime)|battery]]. Assault (or [[common assault]]) is committed if one intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence. ''Violence'' in this context means any unlawful touching, though there is some debate over whether the touching must also be hostile. The terms "assault" and "common assault" often encompass the separate offence of battery, even in statutory settings such as s 40(3)(a) of the [[Criminal Justice Act 1988]].

A common assault is an assault that lacks any of the aggravating features which Parliament has deemed serious enough to deserve a higher penalty. Section 39 of the Criminal Justice Act 1988 provides that common assault, like battery, is triable only in the [[magistrates' court (England and Wales)|magistrates' court]] in England and Wales (unless it is linked to a more serious offence, which is triable in the [[Crown Court]]). Additionally, if a defendant has been charged on an indictment with assault occasioning actual bodily harm (ABH), or racially/religiously aggravated assault, then a jury in the Crown Court may acquit the defendant of the more serious offence, but still convict of common assault if it finds common assault has been committed.

=====Aggravated assault=====
An assault which is aggravated by the scale of the injuries inflicted may be charged as offences causing "actual bodily harm" (ABH) or, in the severest cases, "[[grievous bodily harm]]" (GBH).
;Assault occasioning actual bodily harm: The offence of is created by section 47 of the [[Offences against the Person Act 1861]].
;Inflicting grievous bodily harm: Also referred to as "malicious wounding" or "unlawful wounding". This offence is created by section 20 of the Offences against the Person Act 1861.
;Causing grievous bodily harm with intent: Also referred to as "wounding with intent". This offence is created by section 18 of the Offences against the Person Act 1861.

Other aggravated assault charges refer to assaults carried out against a specific target or with a specific intent:
;Assault with intent to rob: The penalty for [[assault with intent to rob]], a common law offence, is provided by section 8(2) of the [[Theft Act 1968]].
;Racially or religiously aggravated common assault: This offence is created by section 29(1)(c) of the [[Crime and Disorder Act 1998]].
;Racially or religiously aggravated assault occasioning actual bodily harm: This offence is created by section 29(1)(b) of the [[Crime and Disorder Act 1998]].
;Assault with intent to resist arrest: The offence of [[assault with intent to resist arrest]] is created by section 38 of the [[Offences against the Person Act 1861]].
;Assaulting a constable in the execution of his duty: Section 89(1) of the [[Police Act 1996]] provides that it is an offence for a person to assault either:
:*a [[constable]] acting in the execution of his duty; or
:*a person assisting a constable in the execution of his duty.
;Assaulting a traffic officer: This offence is created by section/10 section 10(1) of the [[Traffic Management Act 2004]].
;Assaulting a person designated or accredited under sections 38 or 39 or 41 or 41A of the Police Reform Act 2002: This offence is created by section/46 section 46(1)] of the [[Police Reform Act 2002]]. Those sections relate respectively to persons given police powers by a chief police officer, detention contractors retained by police, accredited contractors under a community safety accreditation scheme, and weights and measures inspectors.
;Assault on a prison custody officer: This offence is created by section 90(1) of the [[Criminal Justice Act 1991]] (c.53).
;Assault on a secure training centre custody officer: This offence is created by section 13(1) of the [[Criminal Justice and Public Order Act 1994]] (c.33).
;Assault on officer saving wreck: This offence is created by section 37 of the [[Offences against the Person Act 1861]].
;Assaulting an officer of the court: This offence is created by section 14(1)(b) of the [[County Courts Act 1984]].
;Cruelty to persons under sixteen: Section 1(1) of the [[Children and Young Persons Act 1933]] provides that it is an offence for a person who has attained the age of sixteen years, and who has responsibility for a child or young person under that age, to, amongst other things, willfully assault that child or young person, or to cause or procure that child or young person to be assaulted, in a manner likely to cause him unnecessary suffering or injury to health.
;Sexual assault: The offence of [[Sexual assault#England and Wales|sexual assault]] created by section 3 of the [[Sexual Offences Act 2003]]. It is not defined in terms of the offences of common assault or battery. It instead requires intentional touching and the absence of a reasonable belief in consent.

====Scotland====
In [[Scots Law]], assault is defined as an "attack upon the person of another".<ref>MacDonald, ''Criminal Law'' (5th edn, 1948) p.155</ref> There is no distinction made in Scotland between assault and battery (which is not a term used in Scots law), although, as in England and Wales, assault can be occasioned without a ''physical'' attack on another's person, as demonstrated in ''Atkinson v. [[Lord Advocate|HM Advocate]]''<ref>1987 SCCR 534</ref> wherein the accused was found guilty of assaulting a shop assistant by simply jumping over a counter wearing a [[ski mask]]. The court said:

{{quote|[A]n assault may be constituted by threatening gestures sufficient to produce alarm|Atkinson v. HM Advocate (1987)}}

Scottish law also provides for a more serious charge of aggravated assault on the basis of such factors as severity of injury, the use of a weapon, or ''[[Stouthrief|Hamesucken]]'' (to assault a person in their own home). The ''[[mens rea]]'' for assault is simply "evil intent",<ref>MacDonald, op. cit, p.155; Smart v. HM Advocate 1975 JC 30</ref> although this has been held to mean no more than that assault "cannot be committed accidentally or recklessly or negligently" as upheld in ''[[Lord Advocate's Reference]] No 2 of 1992'' where it was found that a "hold-up" in a shop justified as a joke would still constitute an offence.

It is a separate offence to assault on a constable in the execution of their duty, under Section 90, Police and Fire Reform (Scotland) Act 2012 (previously Section 41 of the [[Police (Scotland) Act 1967]]) which provides that it is an offence for a person to, amongst other things, assault a constable in the execution of their duty or a person assisting a constable in the execution of their duty.

====Northern Ireland====
Several offences of assault exist in Northern Ireland. The [[Offences against the Person Act 1861]] creates the offences of:
* Common assault and battery: a summary offence, under section 42;
* Aggravated assault and battery: a summary offence, under section 43
* Common assault: under section 47
* Assault occasioning actual bodily harm: under section 47
The [[Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968]] creates the offences of:
* Assault with intent to resist arrest: under section 7(1)(b); this offence was formerly created by s.38 of the OAPA 1861.

That Act formerly created the offence of 'Assault on a constable in the execution of his duty'. under section 7(1)(a), but that section has been superseded by section 66(1) of the [[Police (Northern Ireland) Act 1998]] (c.32) which now provides that it is an offence for a person to, amongst other things, assault a constable in the execution of his duty, or a person assisting a constable in the execution of his duty.

===United States===
[[File:Felony Sentences in State Courts.pdf|thumb|Felony Sentences in State Courts, study by the United States Department of Justice]]

In the United States,{{where|date=September 2018}}<!-- federal? some states? all states and territories? including Louisiana which did not incorporate English common law? --> assault may be defined as an attempt to commit a [[battery (crime)|battery]]. However, the crime of assault can encompass acts in which no battery is intended, but the defendant's act nonetheless creates reasonable fear in others that a battery will occur.<ref>{{cite web|last1=Larson|first1=Aaron|title=What are the Crimes of Assault and Battery|url=https://www.expertlaw.com/assault-and-battery|website=ExpertLaw|access-date=15 March 2018|date=12 February 2018}}</ref>

Four elements were required at [[common law]]:<ref>{{cite journal|last1=Atoki|first1=Morayo|s2cid=148828619|title=Assault and S 47 of the Offences against the Person Act 1861|journal=The Journal of Criminal Law|year=1995|volume=59|issue=3|page=301|doi=10.1177/002201839505900307}}</ref>
* The apparent, present ability to carry out;
* An unlawful attempt;
* To commit a violent injury; 
* Upon another.

As the criminal law evolved, element one was weakened in most jurisdictions so that a reasonable fear of bodily injury would suffice. These four elements were eventually codified in most states.

The crime of assault generally requires that both the perpetrator and the victim of an assault be a natural person. Thus, unless the attack is directed by a person, an animal attack does not constitute an assault. However, under limited circumstances the [[Unborn Victims of Violence Act|Unborn Victims of Violence Act of 2004]] treats a [[fetus]] as a separate person for the purposes of assault and other violent crimes.<ref>{{cite web |title=Legislative Analysis of The Unborn Victims Of Violence Act |url=https://www.aclu.org/other/legislative-analysis-unborn-victims-violence-act |website=ACLU |publisher=American Civil Liberties Union |access-date=5 May 2021 |date=18 February 2000}}</ref><ref>{{cite web |title=State Laws on Fetal Homicide and Penalty-enhancement for Crimes Against Pregnant Women |url=https://www.ncsl.org/research/health/fetal-homicide-state-laws.aspx |website=NCSL |publisher=National Conference of State Legislatures |date=1 May 2018}}</ref>

Possible examples of defenses, mitigating circumstances, or failures of proof that may be raised in response to an assault charge include:
* Lack of intent: A defendant could argue that since they were drunk, they could not form the [[specific intent]] to commit assault. This defense would most likely fail, however, since only involuntary [[intoxication defense|intoxication]] is accepted as a defense in most American jurisdictions.
* Mutual consent: A defendant could also argue that they were engaged in mutually consensual behavior. For example, boxers who are fighting in an organized boxing match and do not significantly deviate from the rules of the sport cannot be charged with assault.

====State laws====
Laws on assault vary by state. Since each state has its own criminal laws, there is no universal assault law. Acts classified as assault in one state may be classified as [[Battery (crime)|battery]], [[menacing]], [[intimidation]], [[reckless endangerment]], etc. in another state. Assault is often subdivided into two categories, simple assault and aggravated assault.
* Simple assault involves an intentional act that causes another person to be in reasonable fear of an imminent battery. Simple assault may also involve an attempt to cause harm to another person, where that attempt does not succeed. Simple assault is typically classified as a [[misdemeanor]] offense, unless the victim is a member of a protected class, such as being a law enforcement officer.<ref>See, e.g., {{cite web |title=MCL 750.81d, Assaulting, battering, resisting, obstructing, opposing person performing duty; felony; penalty; other violations; consecutive terms; definitions. |url=http://www.legislature.mi.gov/mileg.aspx?page=GetObject&objectname=mcl-750-81d |website=Michigan Legislature |publisher=State of Michigan |access-date=17 January 2019}}</ref> Even as a misdemeanor, an assault conviction may still result in incarceration and in a criminal record.
* Aggravated assault involves more serious actions, such as an assault that is committed with the intent to cause a serious bodily injury, or an assault that is committed with a deadly weapon such as a firearm. Aggravated assault is typically classified as a [[felony]] offense.

Modern American statutes may define assault as including:
* an attempt to cause or purposely, knowingly, or recklessly causing bodily injury to another 
* [[negligently]] causing bodily injury to another with a dangerous weapon (assault with a deadly weapon).<ref>{{cite web|url=http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=22-18-1|title=South Dakota Legislature|access-date=10 May 2015}}</ref>
* causing bodily harm by reckless operation of a [[motor vehicle]] (vehicular assault).<ref>{{cite web|url=http://apps.leg.wa.gov/rcw/default.aspx?cite=46.61.522|title=RCW 46.61.522: Vehicular assault — Penalty.|access-date=10 May 2015}}</ref>
* threatening another in a menacing manner.<ref>{{cite web|url=http://law.justia.com/codes/nebraska/2006/s28index/s2803010000.html|title=§ 28-310 — Assault in the third degree; penalty. :: Chapter 28 — Crimes and Punishments: 2006 Nebraska Revised Statutes :: Nebraska Revised Statutes: US Codes and Statutes :: US Law :: Justia|work=Justia Law|access-date=10 May 2015}}</ref>
* knowingly causing physical contact with another person knowing the other person will regard the contact as offensive or provocative<ref>{{cite web|url=http://www.moga.mo.gov/statutes/C500-599/5650000070.HTM|title=Section 565-070 Until December 31, 2016—Assault in the|access-date=10 May 2015|archive-date=18 May 2015|archive-url=https://web.archive.org/web/20150518094908/http://www.moga.mo.gov/statutes/C500-599/5650000070.HTM|url-status=dead}}</ref>
* causing stupor, unconsciousness or physical injury by intentionally administering a drug or controlled substance without consent<ref>{{cite web|url=http://law.justia.com/codes/connecticut/2005/title53a/sec53a-60.html|title=Sec. 53a-60. Assault in the second degree: Class D felony. :: Chapter 952 — Penal Code: Offenses (contains Secs. 53a-24 to 53a-323) :: Title 53a — Penal Code (contains Chapters 950 to 952) :: 2005 Connecticut Code :: Connecticut Code: US Codes and Statutes: US Law: Justia|work=Justia Law|access-date=10 May 2015}}</ref>
*purposely or knowingly causing reasonable apprehension of bodily injury in another<ref>{{cite web|url=http://codes.lp.findlaw.com/mtcode/45/5/2/45-5-201|title=MONT CODE ANN § 45-5-201 : Montana Code – Section 45-5-201: Assault|work=Findlaw|access-date=10 May 2015}}</ref>
*any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act.<ref>{{cite web|url=https://coolice.legis.iowa.gov/cool-ice/default.asp?category=billinfo&service=iowacode&ga=83&input=708#708.1|title=Iowa Code 708|access-date=10 May 2015|archive-date=14 March 2016|archive-url=https://web.archive.org/web/20160314103140/https://coolice.legis.iowa.gov/cool-ice/default.asp?category=billinfo&service=iowacode&ga=83&input=708#708.1|url-status=dead}}</ref>

In some states, [[consent (criminal law)|consent]] is a complete defense to assault. In other jurisdictions, mutual consent is an incomplete defense to an assault charge such that an assault charge is prosecuted as a less significant offense such as a ''petty misdemeanor''.

States vary on whether it is possible to commit an "attempted assault" since it can be considered a double [[inchoate offense]].

=====Kansas=====
In [[Kansas]] the law on assault states:<ref>{{Cite web|url=http://kansasstatutes.lesterama.org/Chapter_21/Article_34/ |title=KS Statutes: Ch 21 Article 34: Crimes Against Persons |date=2007-11-14 |access-date=2016-09-18 |url-status=bot: unknown |archive-url=https://web.archive.org/web/20071114225316/http://kansasstatutes.lesterama.org/Chapter_21/Article_34/ |archive-date=14 November 2007}}</ref>

{{quote|Assault is intentionally placing another person in reasonable apprehension of immediate bodily harm.}}

=====New York=====
In [[New York State]], assault (as defined in the New York State Penal Code Article 120)<ref>{{cite web|url=https://www.nysenate.gov/legislation/laws/PEN/120.05|title=Article 120 – NY Penal Law – Assault Menacing Stalking – Law|publisher=New York State Senate|access-date=15 March 2018}}</ref> requires an actual injury. Other states define this as battery; there is no crime of battery in New York. However, in New York if a person threatens another person with imminent injury without engaging in physical contact, that is called "menacing". A person who engages in that behavior is guilty of aggravated harassment in the second degree (a [[misdemeanor|Class A misdemeanor]]; punishable with up to one year [[incarceration]], [[probation]] for an extended time, and a permanent [[criminal record]]) when they threaten to cause physical harm to another person, and guilty of aggravated harassment in the first degree (a [[Class E felony]]) if they have a previous conviction for the same offense.<ref>{{cite web|url=https://codes.findlaw.com/ny/penal-law/pen-sect-240-30.html|title=New York Consolidated Laws, Penal Law – PEN § 240.30 – FindLaw|website=findlaw.com|access-date=23 July 2018}}</ref><ref>{{cite web|url=https://statelaws.findlaw.com/new-york-law/new-york-harassment-laws.html|title=New York Harassment Laws – FindLaw|website=findlaw.com|access-date=23 July 2018}}</ref><ref>{{cite news|url=https://www.nytimes.com/2014/12/06/opinion/when-is-a-threat-a-criminal-act.html |archive-url=https://ghostarchive.org/archive/20220101/https://www.nytimes.com/2014/12/06/opinion/when-is-a-threat-a-criminal-act.html |archive-date=2022-01-01 |url-access=limited|title=Opinion – When Is a Threat a Criminal Act?|date=2014-12-05|newspaper=The New York Times|access-date=23 July 2018}}{{cbignore}}</ref><ref>{{cite web|url=https://www.new-york-lawyers.org/second-degree-aggravated-harassment.html|title=Second Degree Aggravated Harassment|website=The Law Office of Crotty & Saland|access-date=23 July 2018}}</ref> New York also has specific laws against [[hazing]], when such threats are made as requirement to join an organization.

=====North Dakota=====
[[North Dakota]] law states:<ref>{{Cite web|url=http://www.legis.nd.gov/cencode/t12-1c17.pdf?20130902151232|title=North Dakota Century Code t12.1c17}}</ref>

{{quote|Simple assault.
# A person is guilty of an offense if that person:{{ordered list|list_style_type=lower-alpha
| Willfully causes bodily injury to another human being; or
| Negligently causes bodily injury to another human being by means of a firearm, destructive device, or other weapon, the use of which against a human being is likely to cause death or serious bodily injury.}}}}

===== Pennsylvania =====
In Pennsylvania, an offender can be charged with '''simple assault''' if they:

* injure someone else recklessly, knowingly, or purposefully
* accidentally injure someone with a firearm or weapon
* cause a needle-stick to an officer or correctional employee during a search or arrest
* threaten or intimidate someone causing fear of imminent serious bodily injury

A person convicted of simple assault can be ordered to up to two years in prison as a second-degree misdemeanor.<ref name=":1">{{Cite web |title=Chapter 27. - Title 18 - CRIMES AND OFFENSES |url=https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.027..HTM |access-date=2022-04-12 |website=www.legis.state.pa.us}}</ref>

An offender can be charged with '''aggravated assault''' if the offender:

* demonstrates extreme indifference to the victim's life
* injures or threatens to injure a law enforcement officer, correctional officer, firefighter, police officer, or teacher on duty, or for incapacitating any of these individuals

A person convicted of aggravated assault can face up to 10 years in prison as a second-degree felony. However, if the crime is perpetrated against a firefighter or police officer, the offender may face first-degree felony charges carrying a penalty of up to 20 years in prison.<ref name=":1" />

=====Tennessee=====
In [[Tennessee]] assault is defined as follows:<ref>{{cite web|url=http://www.lexisnexis.com/hottopics/tncode/|title=LexisNexis® Custom Solution: Tennessee Code Research Tool|access-date=10 May 2015}}</ref>

{{quote|39-13-101.  Assault.{{plainlist|
*(a) A person commits assault who:
*(1) Intentionally, knowingly or recklessly causes bodily injury to another;
*(2) Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
*(3) Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.}}}}

==See also==
* [[Domestic violence]]
* [[Gay bashing]]
* [[Hate crime]]
* [[Mayhem (crime)|Mayhem]]
* [[Offences against the Person Act 1861]]

== Citations ==
{{Reflist}}

== General and cited references ==
* {{Cite book |last1=Baker |first1=Dennis |last2=William |first2=Glanville |title=Textbook of Criminal Law |chapter=Chapter 9 |publisher=London, Sweet & Maxwell}}{{Full citation needed|date=June 2022}}<!-- Which edition?: https://www.worldcat.org/title/textbook-of-criminal-law/oclc/1110221098/editions?sd=desc&start_edition=1&referer=br&se=yr&qt=sort_yr_desc&editionsView=true&fq= -->

==External links==
{{Wiktionary|assault|beat up}}
* [https://web.archive.org/web/20090201151414/http://criminallawonline.com/artassaults.php A guide to the non fatal offences against the person]

{{Types of crime}}
{{Authority control}}

[[Category:Assault| ]]
[[Category:Crimes]]