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Assault
With the tort of assault, a perceived threat by the victim is paramount.
＊A defendant throws a rock at a sleeping victim.
He can only be guilty of the attempted battery assault, since the victim would not be aware of the possible harm.
wielding a knife
Assault
yelling the word snake to a person whom you know is in fear of snakes
Criminal assault and tortious assault
In criminal law, an assault can result from an attempted battery. Since some attempted batteries might theoretically occur when the victim is sleeping, unconscious, or unaware of the threat, criminal assault can occur even when no threat is perceived by the victim.
Battery
Definition
(at common law) an intentional act causing an unconsented harmful or offensive contact with a person
Criminal battery and tortious battery
Criminal law recognizes degrees of crimes involving physical contact.
There is but a single tort of battery.
Battery
“Harmful" contact
contact that objectively intends to injure, disfigure, impair, or cause pain
Torts against the person
assault battery false imprisonment intentional infliction of emotional distress
Property torts
trespass to land trespass to chattels (personal property) conversion
against societal benefits
Intentional Torts
General
Definition
any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so
“Offensive" contact
contact that would offend a person’s sense of personal dignity
Examples
spitting in someone's face
Battery
intentionally knocking a hat off someone's head or knocking a glass out of some-one's hand
Assault
Definition
(in common law) an intentional act that creates an apprehension of an imminent harmful or offensive contact
Assault and battery
As distinguished from battery, assault need not involve actual contact—it only needs intent and the resulting apprehension.
Under the law, the individual causing the harm will be seen as having "intended" the act by means of the "transferred intent" doctrine.
General
Subcategories
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General
Underlying policy considerations
maintenance of a peaceful society deterrence social responsibility the balancing of economic interests
General
Transferred intent
Transferred intent is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be hurt instead.
Intent
Intent is most often proved through circumstantial evidence—the defendant’s conduct, in the context of his or her surroundings and what he or she presumably knew and perceived.