Assault Flashcards
Def. of Assault
Acts of intentionally applying or attempting to
apply force to the person of another, directly or
indirectly,
OR
threatening by any act or gesture to apply such
force to the person of another, if the person
making the threat has, or causes the other to
believe on reasonable grounds that they have,
the present ability to effect their purpose.
Def. of Another Person
It has to be another person other than the offender
Elements of Assault
1) Assaults
2) Another person
Elements of Assault with a weapon
1) Assaults
2) Another person
3) Using anything as a weapon. OR Having anything with him or her in circumstances that prima facie show an intention to use it as a weapon.
Def. of Using anything as a weapon. OR Having anything with him or her in circumstances that prima facie show an intention to use it as a weapon.
An object of some sort, whether animate or inanimate,
must be used as a weapon.
OR
An object of some sort, whether animate or inanimate,
must be either on the offender or reasonably available to
them. The circumstances must be sufficient to show an
intention to use the object as a weapon.