Assault PC 240

Question 1

What is assault? PC 240

Answer 1

Is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

Question 2

What is unlawful?

Answer 2

Absent reasonable self-defense or consent.

Question 3

What is attempt?

Answer 3

Knowingly committing acts which result in physical force being applied toward the victim which a reasonable person would know was likely to result in injury. The defendant’s honest belief that the act is not likely to result in such injury is irrelevant.

Question 4

What is coupled with present ability?

Answer 4

One is capable of inflicting injury on the given occasion, even if some steps remain to be taken, and even if the victim or the surrounding circumstances thwart the infliction of injury. It is no defense that the attack is made upon an unconscious person.

Question 5

What is to commit a violent injury?

Answer 5

Harmful or offensive touching constitutes an unlawful use of force or violence.

Question 6

What is on the person of another?

Answer 6

Impacted through the transference of energy is a touching upon the person of another even if done indirectly.