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Assault is a crime of violence against another person. In some jurisdictions, including Australia and New Zealand assault refers to the actual violence, while in other jurisdictions, such as the United States, England and Wales, assault refers only to the threat of violence, while the actual violence is battery. Simple assaults that do not involve any aggravation such as use of a deadly weapon are distinguished from aggravated assaults. Image File history File links Scale_of_justice. ...
Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
Actus reus is the action (or inaction, in the case of criminal negligence and similar crimes which are sometimes called acts of omission) which, in combination with the mens rea (guilty mind), produces criminal liability in common law based criminal law jurisdictions such as the United States, United Kingdom. ...
In law, causation is the name given to the process of testing whether defendants should be fixed with liability for the outcome to their acts and omissions that injure or cause loss to others. ...
For other uses, see concurrency. ...
The mens rea is the Latin term for guilty mind used in the criminal law. ...
In the criminal law, intention is one of the three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. ...
In English criminal law, intention is one of the types of mens rea (Latin for guilty mind) that, when accompanied by an actus reus (Latin for guilty act) constitutes a crime. ...
In the criminal law, recklessness (sometimes also termed willful blindness which may have a different meaning in the United States) is one of the three possible classes of mental state constituting mens rea (the Latin for guilty mind). To commit an offence of ordinary as opposed to strict liability, the...
Willful blindess is a term used in law to describe a situation in which an individual seeks to avoid civil or criminal liability for a wrongful act by intentionally putting himself in a position where he will be unaware of facts which would render him liable. ...
Criminal negligence, in the realm of criminal common law, is a legal term of art for a state of mind which is careless, inattentive, neglectful, willfully blind, or reckless; it is the mens rea part of a crime which, if occurring simultaneously with the actus reus, gives rise to criminal...
It has been suggested that presumed knowledge of the law be merged into this article or section. ...
The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity. ...
In the criminal law, corporate liability determines the extent to which a corporation as a fictitious person can be liable for the acts and omissions of the natural persons it employs. ...
In criminal law, strict liability is liability where mens rea (Latin for guilty mind) does not have to be proved in relation to one or more elements comprising the actus reus (Latin for guilty act) although intention, recklessness or knowledge may be required in relation to other elements of the...
For the record label, see Felony Records The term felony is a term used in common law systems for very serious crimes, whereas misdemeanors are considered to be less serious offenses. ...
In many common law jurisdictions (e. ...
A hybrid offence or dual offence are the special offences in Canadian criminal law where the prosecution may choose whether to proceed with a summary offence or an indictment. ...
A misdemeanors (or misdemeanour), in many common law legal systems, is a lesser criminal act. ...
Infraction as a general term means a violation of a rule or local ordinance or regulation, promise or obligation. ...
A lesser included offense, in criminal law, is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. ...
In many common law jurisdictions, the crime of battery involves an injury or other contact upon the person of another in a manner likely to cause bodily harm. ...
Mayhem, under the common law of crimes, consisted of the intentional and wanton removal of a body part that would handicap a persons ability to defend themselves in combat. ...
In the United States, larceny is a common law crime involving stealing. ...
The Skyline Parkway Motel in Afton, Virginia after an arson fire on July 9, 2004. ...
False pretenses is a common law crime. ...
Extortion is a criminal offense, which occurs when a person obtains money, behaviour, or other goods and/or services from another by wrongfully threatening or inflicting harm to this person, reputation, or property. ...
Forgery is the process of making or adapting objects or documents (see false document), with the intention to deceive. ...
Computer Crime, Cybercrime, E-Crime, Hi-Tech Crime or Electronic Crime generally refers to criminal activity where a computer or network is the tool, target, or place of a crime. ...
Modern Obstruction of Justice, in a common law state, refers to the crime of offering interference of any sort to the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials. ...
Bribery is a crime implying a sum or gift given alters the behaviour of the person in ways not consistent with the duties of that person. ...
Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. ...
Misprision of felony, under the common law of England, was the crime of failing to report knowledge of a felony to the appropriate authorities. ...
An inchoate offence is a crime. ...
Solicitation is a crime; it is an inchoate offense that consists of a person inciting, counseling, advising, urging, or commanding another to commit a crime with the specific intent that the person solicited commit the crime. ...
The crime of attempt occurs when a person does an act amounting to more than mere preparation for a criminal offense, with specific intent to commit a crime, if that act tends but fails to effect the commission of the offense intended. ...
In the criminal law, a conspiracy is an agreement between two or more natural persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement. ...
An accessory is a person who assists in or conceals a crime, but does not actually participate in the commission of the crime. ...
Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ...
A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ...
In the common law, a tort is a civil wrong for which the law provides a remedy. ...
Property law is the area of law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ...
In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ...
The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ...
The law of evidence governs the use of testimony (e. ...
Violence is any act of aggression and abuse that causes or intends to cause injury to persons (and by some definitions animals or property). ...
Trinomial name Homo sapiens sapiens Linnaeus, 1758 Humans, or human beings, are bipedal primates belonging to the mammalian species Homo sapiens (Latin: wise man or knowing man) under the family Hominidae (the great apes). ...
In law, jurisdiction (from the Latin jus, juris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area...
In many common law jurisdictions, the crime of battery involves an injury or other contact upon the person of another in a manner likely to cause bodily harm. ...
Aggravation is a legal concept, which Blacks Law Dictionary defines as: Any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself. ...
The bayonet is used as both knife and spear. ...
Assault is often defined to include not only violence, but any physical contact with another person without their consent. When assault is defined like this, exceptions are provided to cover such things as normal social behavior (for example, patting someone on the back).
English law makes distinctions based on the degree of injury, between: English law is a formal term of art that describes the law for the time being in force in England and Wales. ...
In most jurisdictions, an assault occasioning grievous bodily harm (or its equivalent) may amount to murder in certain circumstances. In criminal law, a common assault is a crime when the defendant either puts another in fear of injury or actually commits a battery. ...
Actual Bodily Harm (often abbreviated to ABH) is a type of criminal assault defined under English law. ...
Grievous bodily harm or GBH is a phrase used in English criminal law which was introduced in ss18 and 20 Offences Against The Person Act 1861. ...
American jurisprudence
American common law has traditionally defined assault as an attempt to commit a battery. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
In many common law jurisdictions, the crime of battery involves an injury or other contact upon the person of another in a manner likely to cause bodily harm. ...
Assault is typically treated as a misdemeanor and not as a felony (unless it involves a law enforcement officer). The more serious crime of aggravated assault is treated as a felony. A misdemeanors (or misdemeanour), in many common law legal systems, is a lesser criminal act. ...
For the record label, see Felony Records The term felony is a term used in common law systems for very serious crimes, whereas misdemeanors are considered to be less serious offenses. ...
For the band, see The Police. ...
Four elements were required at common law:
- The apparent, present ability to carry out;
- An unlawful attempt;
- To commit a violent injury;
- Upon another.
As the criminal law evolved, element 1 was weakened in most jurisdictions so that a reasonable fear of bodily injury would suffice. These four elements were eventually codified in most states.
Modern American statutes define assault as:
- an attempt to cause or purposely, knowingly, or recklessly causing bodily injury to another; or,
- negligently causing bodily injury to another with a deadly weapon.
Some states also define assault as an attempt to menace (or actual menacing) by placing another person in fear of imminent serious bodily injury.
States vary whether it is possible to commit an "attempted assault" since it can be considered a double inchoate offense. An inchoate offence is a crime. ...
In some states, consent is a complete defense to assault. In other jurisdictions, mutual consent is an incomplete defense, with the result that the misdemeanor is treated as a petty misdemeanor. Categories: | ...
A misdemeanors (or misdemeanour), in many common law legal systems, is a lesser criminal act. ...
Furthermore, the crime of assault generally requires that both the perpetrator and the victim of an assault are human. Thus, there is no assault if an ox gores a man. However, the Unborn Victims of Violence Act of 2004 treats the fetus as a separate person for the purposes of assault and other violent crimes, under certain limited circumstances. See H.R. 1997 / P.L. 108-212 Signing ceremony at the White House, April 1, 2004. ...
A human fetus A fetus (or foetus, or fœtus – see below) is a developing mammal after the embryonic stage and before birth. ...
Example Two men wave metal pipes threateningly at each other in an alley. They are ten feet away from each other. When one man advances, the other retreats, maintaining the distance between them. The police come and break up the disturbance. They charge each man with assault. Pipe is a tube or hollow cylinder for the conveyance of fluid. ...
An Alley in Melbourne A gate to an alley in Annapolis, Maryland An alley or alleyway is a narrow, pedestrian lane found in urban areas which usually run between or behind buildings. ...
A foot (plural: feet or foot;[1] symbol or abbreviation: ft or, sometimes, ′ – a prime) is a unit of length, in a number of different systems, including English units, Imperial units, and United States customary units. ...
The men would probably not be found guilty in an American common law jurisdiction. Being ten feet away does not make it likely or apparent that he would have the present ability to carry out an unlawful act.
However, they may be found guilty in a modern American jurisdiction. Each man is trying to cause bodily injury to another and the fear of bodily injury is reasonable.
 | This article or section may contain original research or unverified claims.
Please help Wikipedia by adding references. See the talk page for details. | Some possible examples of defenses, mitigating circumstances, or failures of proof are: Image File history File links Circle-question. ...
- A defendant could argue that since he was drunk, he could not form the specific intent to commit assault. This defense would most likely fail since only involuntary intoxication is accepted as a defense in most American jurisdictions.
- The defendants could also argue that they were engaged in mutually consensual behavior.
In the criminal law, intention is one of the three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. ...
An intoxication defense, in criminal law, is a defense by excuse, via which a defendant argues that they should not be held criminally liable for actions which broke the law, because they were intoxicated. ...
Aggravated assault Aggravated assault is, in some jurisdictions, a stronger form of assault, usually using a deadly weapon. A person has committed an aggravated assault when that person: Aggravation is a legal concept, which Blacks Law Dictionary defines as: Any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself. ...
- attempts to cause serious bodily injury to another person; or
- causes such injury purposely, knowingly, or recklessly in circumstances where the person has exhibited indifference to human life; or
- attempts or causes bodily injury to another person with a deadly weapon.
Aggravated assault is usually differentiated from simple assault by the offender's intent (i.e., to murder, to rape etc.), the extent of the injury to the victim, or the use of a deadly weapon, although legal definitions vary between jurisdictions. Sentences for aggravated assault are generally more severe, reflecting the greater degree of harm or malice intended by the perpetrator. Grievous bodily harm or GBH is a phrase used in English criminal law which was introduced in ss18 and 20 Offences Against The Person Act 1861. ...
A victims rights group is a legal or political organization, formed for an espoused purpose of advocating social change or legal measures, on behalf of victims of various crimes, injustice, or malfeasance. ...
The bayonet is used as both knife and spear. ...
Equality and the balancing of interests under law is symbolised by a blindfold and weighing scales For other senses of this word, see Law (disambiguation). ...
In law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. ...
In the parlance of criminal justice, a suspect is a person, known or unknown, suspected of committing a crime. ...
General defenses to assaults 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 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 recognised good reason for the assault.[1]. This can have important consequences when dealing with issues such as consensual sadomasochistic sexual activity, the most notable case being the Operation Spanner case. Legally recognised good reasons for consent include; surgery, activities within the rules of a game (Burnes), bodily adornment (R v Wilson), or horseplay (Jones and others). However, any activity outside the rules of the game is not legally recognised as a defence of consent. Categories: | ...
Motto: (French for God and my right) Anthem: God Save the King/Queen Capital London (de facto) Largest city London Official language(s) English (de facto) Unification - by Athelstan AD 927 Area - Total 130,395 km² (1st in UK) 50,346 sq mi Population - 2006 est. ...
Flogging demonstration at Folsom Street Fair 2004. ...
Sexual behavior is a form of physical intimacy that may be directed to reproduction (one possible goal of sexual intercourse) and/or to the enjoyment of activity involving sexual gratification. ...
Operation Spanner was the name of an operation carried out by police in Manchester in the United Kingdom in 1987. ...
Arrest and other official acts Police officers and court officials have a general power to use force for the purpose of effecting 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. For the band, see The Police. ...
The Chicago Police Department arrests a man An arrest is the action of the police, or person acting under the law, to take a person into custody so that they may be forthcoming to answer for the commission of a crime. ...
Punishment In some jurisdictions, caning and other forms of corporal punishment are a part of the culture. Evidently, if it is a state-administered punishment, e.g. as in Singapore, the officers who physically administer the punishment have immunity. Some states also permit the use of less severe punishment for children in school and at home by parents. In English law, s58 Children Act 2004, limits the availability of the lawful correction defense to common assault under s39 Criminal Justice Act 1988. Rattan cane Caning is a physical punishment (see that article for generalities and alternatives) consisting of a beating with a cane, generally applied on the bare or clad buttocks (see spanking), shoulders, hand(s) (palm, rarely knuckles) or even the soles of the feet (see falaka). ...
Corporal punishment is the deliberate infliction of pain intended to correct behavior or to punish. ...
Culture (from the [[Latin)) cultura stemming from colere, meaning to cultivate), generally refers to patterns of human activity and the symbolic structures that give such activity significance. ...
Look up Punishment in Wiktionary, the free dictionary. ...
Immunity confers a status ojavascript:insertTags(ì,,)n a person or body that makes that person or body free from otherwise legal obligations such as, for example, lijavascript:insertTags(Ú,,)ability for damages or punishment for criminal acts. ...
Children redirects here. ...
Students in Rome, Italy. ...
A parent is a father or mother; one who begets or one who gives birth to or nurtures and raises a child; a relative who plays the role of guardian // Mother This article or section does not cite its references or sources. ...
English law is a formal term of art that describes the law for the time being in force in England and Wales. ...
Self-defense Self defense and defense of others may be defenses to liability. They usually require that force was necessary and the degree of force was reasonable. This article and defense of property deal with the legal concept of excused (sometimes termed justified) acts that might otherwise be illegal. ...
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 states allow force to be used in 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 damaging property during the defense and a defense under s3 Criminal Law Act 1967) subject to the need to deter vigilantes and excessive self-help. The defense of property is a possible excuse used by defendants who argue that they should not be held liable for the loss and injury they have caused because they were acting to protect their property. ...
Under English law, the Criminal Damage Act 1971 is the main statute covering damage to property. ...
A vigilante is someone who takes enforcement of law or moral code into his own hands. ...
See also In law, the affray is the fighting of two or more persons in a public place to the terror (in French: Ã leffroi) of the lieges. ...
In many common law jurisdictions, the crime of battery involves an injury or other contact upon the person of another in a manner likely to cause bodily harm. ...
At common law, assault is the tort of acting intentionally and voluntarily causing the reasonable apprehension of an immediate harmful or offensive contact, coupled with the ability to carry out the touching. ...
Street fighting is a term used to denote spontaneous, hand-to-hand fighting in public places. ...
This article or section does not cite its references or sources. ...
Gay bashing is an expression used to designate verbal confrontation with, denigration of, or physical violence against people thought to be lesbian, gay, bisexual, or transgendered (LGBT) because of their apparent sexual orientation or gender identity. ...
A Jewish cemetery in France after being defaced by Neo-Nazis. ...
Mayhem, under the common law of crimes, consisted of the intentional and wanton removal of a body part that would handicap a persons ability to defend themselves in combat. ...
A misdemeanors (or misdemeanour), in many common law legal systems, is a lesser criminal act. ...
This page is a candidate to be copied to Wikisource. ...
Terrorist redirects here. ...
References - ^ (RvG ref 6. 1980): see R v Brown (1993) 2 All ER 75)
External links - Crime prevention: theory & practice
- H.R. 1997 / P.L. 108-212 Unborn Victims of Violence Act of 2004
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