assault Flashcards
assault
The defendant’s acts are intended to cause apprehension of imminent harmful or offensive contact; with the present apparent ability to cause the harmful or offensive contact; and well-founded apprehension of such contact
intent [assault]
Assault requires that the defendant desire or be substantially certain of causing apprehension.
2 kinds of intent [assault]
- Intent to create apprehension: D intends to put P through in imminent apprehension even if D does not follow through
- Intent to make contact: D intends to create a harmful or offensive bodily contact and misses
reasonable apprehension [assault]
In some jurisdictions, the victim must reasonably apprehend (but not fear) imminent contact.
apprehension [assault]
Assault requires that the victim be aware of the defendant’s apparent ability to cause imminent or harmful contact.
imminent contact [assault]
Assault requires that the defendant have an immediate and imminent ability to cause harmful or offensive contact.
apparent ability [assault]
The defendant must have a readily apparent ability to cause the contact.
ex. Western Union Telegraph Co. v. Hill : D, an office manager, attempted to touch P’s wife by offering “to love and pet her” from behind a wide counter. The case is remanded for the jury to determine if it was apparent that D could perform the action.
how do words apply to assault?
verbal threats are generally not held to constitute a threat, unless accompanied by physical gestures
conditional assault
An assault made under duress still constitutes an assault.
ex. D threatens to shoot P unless he turns over his wallet.
assurance of no assault
If the defendant effectively assures the victim that no action will follow, no assault has occurred.
ex. Tuberville v. Savage : D holds a sword while telling P, “If it were not [tax] time, I would not take such language from you.” D is not liable.
b. Threat to a third person does not allow Pl. to recover.
