Assault is often understood as intentionally causing another person to fear that they will be physically harmed. It’s like a threat that makes someone genuinely believe they’re about to get hurt. It’s crucial to remember that you don’t need actually to touch or harm the person to commit assault; just making them afraid is enough. So, if someone swings a fist at another person but doesn’t make contact, that could still be considered assault if the other person thought they were going to be hit.
Harm the Legislature Aims to Prevent
The primary concern behind making assault a crime is to maintain public safety and order. No one should live in fear of being harmed or threatened by another. When people feel unsafe, it disrupts the peace and stability of society. The lawmakers recognize that even the mere threat of violence can have profound psychological impacts on individuals, creating feelings of vulnerability, anxiety, and trauma.
Furthermore, an environment where threats and intimidation are tolerated can escalate into one where actual physical violence becomes more prevalent. By criminalizing assault, the legislature sends a clear message: society will not tolerate threatening behaviors. The law serves not only as a deterrent but also gives victims a means of seeking justice and protection.
Classification of Assault in Legal Codes
Most legal systems classify assault as either a misdemeanor or a felony, depending on the severity of the threat and the circumstances surrounding it. Misdemeanor assaults might include minor threats, while felonious assaults often involve a real possibility of significant bodily harm or the use of a deadly weapon.
Assault in Broader Categories of Criminal Offenses
Assault is typically categorized under “crimes against persons” since it directly threatens or harms an individual. It is distinct from “crimes against property,” where objects or land are the primary targets, and “sexual crimes,” which involve sexual misconduct. While assault focuses on causing fear or apprehension in the victim, it underscores the law’s commitment to protecting individuals’ physical and psychological wellbeing.
Historical Roots of Assault
Tracing back the roots of assault as a criminal offense leads us to some of the oldest legal codes. The Code of Hammurabi, dating from ancient Babylon around 1754 BC, provided laws and punishments for personal injuries, establishing early notions of personal security.
Centuries later, English common law became the major influence on the concept of assault in many legal systems. Sir William Blackstone, an esteemed 18th-century legal scholar, discussed assault in his “Commentaries on the Laws of England.” Blackstone described assault as “an attempt or offer to beat another, without touching him; as if one lifts up his cane or his fist in a threatening manner at another, or strikes at him, but misses him.” His works were instrumental in shaping modern legal views on assault.
Though the specific elements and definitions of assault have evolved over time, the central theme remains consistent: the protection of individuals from threats and potential harm.
Modern Penal Code (MPC) Definition of Assault
The Modern Penal Code (MPC) offers a more nuanced and detailed definition of assault than some traditional legal systems. It’s designed to make the understanding of the crime more accessible and to categorize the offense more systematically.
MPC § 211.1 Assault
Under the MPC § 211.1, assault is defined in two primary ways:
- Attempted Battery Type: This type refers to a person trying to cause bodily harm to another individual, with the intent of causing such harm. It’s when an individual acts with the purpose of causing fear or injury but doesn’t necessarily succeed in causing physical harm.
- Threatened Battery Type: Here, a person puts another in fear of imminent bodily harm. The key is the victim’s fear of an immediate threat. This does not require the offender to have the actual capability of inflicting harm.
Defenses to Assault under the MPC
Just as it’s essential to understand what constitutes an assault, it’s equally vital to know when someone might be legally excused from such a charge. Under the MPC, several defenses can be raised against an accusation of assault.
- Consent: One of the main defenses is if the supposed victim had given clear and voluntary consent to the act. This might be relevant in situations like sports, where physical contact is expected.
- Self-defense: If a person reasonably believes they are in immediate danger of being assaulted, they may have the right to defend themselves. However, the force used in self-defense must be proportional to the perceived threat.
- Defense of others: Similarly, a person might be justified in committing an assault if they believe it’s necessary to protect another person from harm.
It’s essential to consult the exact wording and conditions of the MPC and local jurisdictions to understand these defenses fully. They don’t provide a blanket excuse but are subject to specific circumstances and interpretations.
Summary List of the Elements
For assault to be established, certain elements must be present. These elements give structure to the offense and help distinguish it from other crimes.
- Mens Rea (Mindset/Intent): The offender must have a specific intent to cause fear or actual harm.
- Actus Reus (Action): A physical act or conduct that places another person in fear of imminent bodily harm.
- Concurrence: The intent and the act must occur simultaneously.
- Causation: There must be a direct link between the offender’s action and the victim’s fear or harm.
- Harm: While physical harm doesn’t need to occur, there must be psychological fear or apprehension.
- Attendant Circumstances: Specific conditions or factors surrounding the incident might elevate or lessen the severity of the charge.
Summary
Assault is a criminal act characterized by intentionally making another person fear they will be physically harmed. Contrary to some misconceptions, actual physical contact isn’t necessary for an act to be considered assault; inducing genuine fear of harm suffices. This crime finds its roots in ancient legal systems, like the Code of Hammurabi, and was later shaped by English common law, notably through the works of legal scholar Sir William Blackstone.
The primary legislative aim behind criminalizing assault is to uphold public safety and order. Lawmakers acknowledge that the mere threat of violence can profoundly impact a person’s psychological well-being. Criminalizing such acts deters potential offenders and offers victims recourse for justice and protection.
According to the Modern Penal Code (MPC), assault is primarily defined in two ways: the Attempted Battery Type, where a person tries to cause physical harm with intent, and the Threatened Battery Type, where a person instills fear of immediate bodily harm in another. Defenses against assault under the MPC include consent, self-defense, and defense of others.
To categorize an act as assault, several key elements must coexist: the offender’s intent (Mens Rea), the action causing fear (Actus Reus), a simultaneous occurrence of intent and action (Concurrence), a direct connection between the offender’s act and the victim’s fear (Causation), the victim’s psychological fear (Harm), and any specific surrounding circumstances (Attendant Circumstances).
In essence, assault is a crime that emphasizes the protection of individuals from threats, actual or perceived, ensuring a safe and harmonious societal environment.
Modification History File Created: 07/17/2018 Last Modified: 10/10/2023
This work is licensed under an Open Educational Resource-Quality Master Source (OER-QMS) License.
