When many people hear the term “assault” they often think about physical violence. This is only one of the definitions of assault, however, and it is important for everyone to understand the different forms as well as the legal implications of the various types.
In the broadest sense, assault is any intentional act that creates a fear of imminent harm to someone. This can take several forms, including verbal threats, physical acts, and even the attempted use of a weapon. Depending on the type of assault and the state’s laws, criminal charges may be brought.
The Differences Between Assault and Battery
Assault is different from battery, which is the actual physical contact of one person with another. This can include hitting, punching, or grabbing someone. Though the two are often used together — assault and battery — legally they are different in the eyes of the law.
Assault and the Law
Most states, regardless of type, classify assault as a misdemeanor. But the severity of penalties can differ greatly depending upon the circumstances of the case. For example, some states may view a verbal threat as more severe than an attempted strike with a fist. In cases such as this, the threat may be considered a felony-level offense and judged accordingly.
The law also treats threats of violence as assault if the person making the threat has the means to follow-through. For example, if someone displays a gun with the intent to harm another person, that is considered assault. On the other hand, if someone just makes a verbal threat, it does not constitute criminal behavior and is not usually punishable.
Assault in Action
An assault case is often difficult to prosecute because there isn’t always physical evidence or a witness to the attack. This means that many cases involve legal arguments over intention and foresight. A prominent example comes from the landmark Supreme Court case Hudson v. Michigan, which involved the search of a home without a warrant. The search was regarded as a violation of Fourth Amendment protection, but the court ruled the search constitutional due to the fear of harm that would have been created had the assault been carried out.
Why It Matters
Ultimately, understanding what assault is and how it is addressed by the law is important for individuals, businesses, and law enforcement. Knowing the various forms of assault, including verbal threats and attempted use of force, helps us all navigate the legal system and better understand the consequences of such behavior.