Understanding the Elements of Assault
You most likely heard of the elements of assault, but what does it all exactly mean? There are many factors that determine the type of assault and what will happen next. That said, it’s always helpful to fully understand everything there is to know.
Read further for details.
Introduction
Within our criminal justice system, certain terms are often thrown around when it comes to various acts, arrests, and charges. For instance, some of the most common reasons for arrest include aggravated assault, assault and battery, rape or sexual assault, homicide, assault with a deadly weapon, assault with intent, and so forth. That is a lot of assault, isn’t it?
Have you ever known anyone to be charged with assault? Do you know what assault entails? Could you define it? Assault is a common charge, but one that has a variety of different angles and elements.
Let’s take a deeper look at California’s law so we can develop an understanding of the elements of assault.
Assault
According to California’s Penal Code Section 240 PC, “An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” This illegal attempt to hurt someone else is a threat that is made – and the ability to follow it through. In other words, if you get charged with assault, you may not have actually hurt someone.
Assault is an intended act. It causes apprehension and fear of harm or contact in the intended victim. It is important to note that threatening someone with words is not considered assault. However, threatening someone with words and then raising a fist is considered assault. Going a bit further, the actual act of physical contact with someone is where battery comes in. Battery charges come when the individual follows through on the assault.
Types of Assault
As briefly mentioned above, there are various forms of assault that can be charged. They are not all the same and should not be lumped into the same category. For clarification purposes, we have put together a list of the most common types of assault – with a description of what they are. Please note that the various types of assault that may be charged may vary depending on where you reside.
Simple Assault
Simple assault is your most basic type of assault. It is when a threat – with reasonable fear – was made. There is no weapon involved and the resulting injury, if there is one, is considered minor.
Aggravated Assault
Unlike simple assault, aggravated assault is often considered a felony as it is a much more serious crime. This type is often the charge when there is a constant fear of harm – and the threat level is elevated. For instance, instead of raising one’s fist, a weapon could be involved. This could be a baseball bat, a knife, a brick, or even a gun. If a weapon is used, this may or may not be referred to as assault with a deadly weapon (without the intent to kill), depending on the jurisdiction.
Specifically in California, an assault charge may be upgraded to an aggravated assault if:
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- The act is toward a police officer.
- The act results in serious bodily injury.
- The act is toward a spouse or domestic partner.
Sexual Assault
Sexual assault is the threat of unwanted sexual contact. This could be touching, groping, fondling, or rape. Molestation, incest, intercourse, and so forth all fall under the umbrella of sexual assault. There is a lot of interchangeability when it comes to the terms sexual assault, sexual battery, and rape.
Examples of Assault
Sometimes, definitions and descriptions can still leave things a bit unclear. However, hearing of a particular act and whether it is considered assault can help reduce the mud in the water. Examples? Well, how about these:
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- Teenagers intentionally throwing pencils at their teacher.
- Two men in a bar get into an argument. One throws a punch, the other ducked fast enough.
- A man walks up to an unknown woman, makes verbal (unsolicited) advances toward her, and puts his hand on her upper thigh.
Keep in mind that assault comes in many different forms and these are just a few examples to help you gain a better understanding.
Elements of Assault
Proving assault, as with any court case, requires the prosecution to prove – beyond a reasonable doubt – that the individual is guilty of assault. There are various elements of assault that need to be addressed, in particular, are four:
- Intentional act. The prosecutor must be able to prove that the defendant’s behavior indicated (clearly) that he or she intends for the victim to be in a state of fear or danger. An accident cannot be considered an assault. The intention must be present.
- Causing reasonable fear or apprehension. If the defendant was not stopped, the victim must truly feel as though he or she would have been harmed.
- Imminent threats. The fear of the victim comes from a perceived immediate threat. An assault cannot occur on a threat in the future. The action must also be apparent – not simply a verbal threat.
- Harmful or offensive acts. The actions of the defendant must be a physical threat or be offensive to the victim. For example, the raising of a fist or spitting on the individual. Touching provocatively also falls under this element.
The prosecution must be able to prove that all these elements are met before an assault charge can be finalized.
Potential Defenses
If you are facing assault charges or know someone who is, it is in your best interest to speak to an attorney. Someone who is an expert in the field can review your case and help you determine your best course of action.
Getting charged with assault is not an end-all case. You do have defenses. Perhaps you were acting in self-defense – or defense of another person. Maybe you were protecting your home or your personal property.
However the charge came about, the due process in the court system is your chance to prove your side. Doing it alone may not lead to the most favorable outcome. Seek representation to get the best defense.
Conclusion
Remember, assault is all about the intention of an act, not necessarily the physical act itself. And some elements be proven for the charge to stick. If you find yourself here, hire an attorney. You’ll be glad you did.
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