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Tort Claims - Assault

An assault is any unlawful attempt or offer with force or violence to do physical harm to another person. This includes striking at someone or threatening them by holding up a fist. An assault also occurs when pointing a weapon at someone within their reach with the intention of violence. There are two types of assaults - simple assaults which only intend harm, and aggravated assaults which have an additional criminal objective like intent to murder or rob. Aggravated assaults are punished more severely.

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45 views1 page

Tort Claims - Assault

An assault is any unlawful attempt or offer with force or violence to do physical harm to another person. This includes striking at someone or threatening them by holding up a fist. An assault also occurs when pointing a weapon at someone within their reach with the intention of violence. There are two types of assaults - simple assaults which only intend harm, and aggravated assaults which have an additional criminal objective like intent to murder or rob. Aggravated assaults are punished more severely.

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King of MyAsia-Emiru
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ASSAULT, crim. law.

An assault is any unlawful attempt or offer with force or violence to do a corporal


hurt to another, whether from malice or wantonness; for example, by striking at him or even holding up
the fist at him in a threatening or insulting manner, or with other circumstances as denote at the time. an
intention, coupled with a present ability, of actual violence against his person, as by pointing a weapon at
him when he is within reach of it. 6 Rogers Rec: 9. When the injury is actually inflicted, it amounts to a
battery. (q. v.)

2. Assaults are either simple or aggravated. 1. A simple assault is one Where there is no intention to do any
other injury. This is punished at common law by fine and imprisonment. 2. An aggravated assault is one that
has in addition to the bare intention to commit it, another object which is also criminal; for example, if a man
should fire a pistol at another and miss him, the former would be guilty of an assault with intent to murder; so
an assault with intent to rob a man, or with intent to spoil his clothes, and the like, are aggravated assaults, and
they are more severely punished than simple assaults. General references, 1 East, P. C. 406; Bull. N. P. 15;
Hawk. P. B. b. 1, c. 62, s. 12; 1 Russ. Cr. 604; 2 Camp. Rep. 650 1 Wheeler's Cr. C. 364; 6 Rogers' Rec. 9; 1
Serg. & Rawle, 347 Bac. Ab. h. t.; Roscoe. Cr. Ev. 210.

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