Intent is an essential element to the charge of an assault offense. There has to be substantial certainty that the act of threat will cause the result of physical harm. If the act in question does not produce a true apprehension of harm in the victim then no assault has been committed. There must be reasonable fear or injury for an assault offense to be decided and charged.
Assault is typically considered a misdemeanor. But, aggravated assault, a more serious crime, is a felony since
it usually involves the use of a deadly weapon. Aggravated assault is defined as an attempt to purposely cause bodily harm to another human being with a deadly weapon. Common types of aggravated assaults are those accompanied by an intent to kill, rob, or rape.
Aggravated assault can also be charged in cases of attempted harm against police officers,
public servants, or for bodily harm stemming from reckless driving. Recklessly operating a
vehicle is referred to as either vehicular assault or aggravated assault with a motor vehicle.
Assault & Battery
Assault is a crime causing a victim to fear the threat of violence by exhibiting an immediate show of force. The term is often used interchangeably with battery, which involves physical contact. In America assault is defined as an attempt to commit a battery. Battery is an act that purposely causes harm or offensive contact with another person. An assault must be overt to be proven, which means either visual and/or physical proof. Words coupled with an action to carry out a threat are considered assault. Words alone are not. Example: a mere threat to harm is not an assault. But, a threat combined with a raised fist or an object that can be used as a weapon is enough to be considered assault if it causes a reasonable apprehension or harm to the victim.
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