Utah Criminal Code 76-5-102: Assault–Penalties What Is An Assault?In legal terms, an assault refers to “the intentional creation of a reasonable apprehension of harm.” This refers to situations in which one person causes another person to fear being harmed. Thus, assault is an attempt or threat that causes another person to be apprehensive of imminent bodily harm. An example of this would be if a person pulls their fist back as if they were going to punch someone, and that person believes that they are going to be punched. Assault is often confused with battery, due to the fact that assault and battery are commonly charged together. However, assault is a separate charge from battery. Assault refers to the fear of being harmed, whereas battery refers to the actual act of harming another person. Battery is the unlawful use of force against a victim, with the intent to cause injury, or offensive touching. In some jurisdictions, assault may also be considered to be attempted or unsuccessful battery. Although assault is considered to be an intentional tort, every state has its own criminal statutes for both assault and battery. This means that an assault could serve as the basis for a civil lawsuit as well as prosecution by a state court, which could result in fines and/or jail time. An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal or civil liability. Generally, the common law definition is the same in criminal and Tort Law. There is, however, an additional Criminal Law category of assault consisting of an attempted but unsuccessful Battery. What Are The Elements Of Assault?Generally, the essential elements of assault consist of an act intended to cause an apprehension of harmful or offensive contact that causes apprehension of such contact in the victim. The act required for an assault must be overt. Although words alone are insufficient, they might create an assault when coupled with some action that indicates the ability to carry out the threat. A mere threat to harm is not an assault; however, a threat combined with a raised fist might be sufficient if it causes a reasonable apprehension of harm in the victim. Intent is an essential element of assault. In tort law, it can be specific intent, if the assailant intends to cause the apprehension of harmful or offensive contact in the victim or general intent if he or she intends to do the act that causes such apprehension. In addition, the intent element is satisfied if it is substantially certain, to a reasonable person, that the act will cause the result. A defendant who holds a gun to a victim’s head possesses the requisite intent, since it is substantially certain that this act will produce an apprehension in the victim. In all cases, intent to kill or harm is irrelevant. In criminal law, the attempted battery type of assault requires a Specific Intent to commit battery. An intent to frighten will not suffice for this form of assault. There can be no assault if the act does not produce a true apprehension of harm in the victim. There must be a reasonable fear of injury. The usual test applied is whether the act would induce such apprehension in the mind of a reasonable person. The status of the victim is taken into account. A threat made to a child might be sufficient to constitute an assault, while an identical threat made to an adult might not. Virtually all jurisdictions agree that the victim must be aware of the danger. This element is not required, however, for the attempted battery type of assault. A defendant who throws a rock at a sleeping victim can only be guilty of the attempted battery assault, since the victim would not be aware of the possible harm. What Is An Aggravated Assault?An aggravated assault, punishable in all states as a felony, is committed when a defendant intends to do more than merely frighten the victim. Common types of aggravated assaults are those accompanied by intent to kill, rob, or rape. An assault with a dangerous weapon is aggravated if there is intent to cause serious harm. Pointing an unloaded gun at a victim to frighten the individual is not considered an aggravated assault. What Is The Punishment For Assault?A defendant adjudged to have committed civil assault is liable for damages. The question of the amount that should be awarded to the victim is determined by a jury. Compensatory Damages, which are aimed at compensating the victim for the injury, are common. Nominal damages, a small sum awarded for the invasion of a right even though there has been no substantial injury, may be awarded. In some cases, courts allow Punitive Damages, which are designed to punish the defendant for the wrongful conduct. The punishment for criminal assault is a fine, imprisonment, or both. Penalties are more severe when the assault is aggravated. Many states have statutes dividing criminal assault into various degrees. As in aggravated assault, the severity of the crime, the extent of violence and harm, and the criminal intent of the defendant are all factors considered in determining the sentence imposed. The terms application of force and apply force mean to touch in a harmful or offensive manner. The slightest touching can be enough if it is done in a rude or angry way. Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage. What Are The Types of Assault?In the legal context, assault implies a threat or an attempt to physically strike or touch a person in an offensive way. This is regardless if or not the contact has been made or not. The assault is a misdemeanor but it is regarded as a felony since it is an act of criminal violence against an individual. There are varied types of assault and the penalties for the same vary vehemently. Felony Assault: This is regarded as an attempt to attack or an unlawful attack through violence or force that has caused a physical injury to a person. In this assault, the weapon is utilized and is regarded as an assault irrespective of whether or not the victim suffers from physical pain or injury. Do I Need an Attorney for Assault Charges?You should always have an attorney. Call Ascent Law LLC if you believe you have been assaulted, or you are being accused of assault, you should immediately contact a skilled and knowledgeable criminal attorney. An experienced criminal attorney can help you understand your state’s laws regarding assault, and compile evidence supporting your claim. Finally, an attorney can represent you in court as needed. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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