assault

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AtCommon Law,an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact.

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 atortand, therefore, may result in either criminal or civil liability. Generally, the common law definition is the same in criminal andTort Law. There is, however, an additionalCriminal Lawcategory of assault consisting of an attempted but unsuccessfulBattery.

Statutory definitions of assault in the various jurisdictions throughout the United States are not substantially different from the common-law definition.

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 tent is an essential element of assault. In tort law, it can be specific intentif the assailant intends to cause the apprehension of harmful or offensive contact in the victimor general intentif 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 victims 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 aSpecific Intentto 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.

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 an intent to kill, rob, or rape. An assault with a dangerous weapon is aggravated if there is an intent to cause serious harm. Pointing an unloaded gun at a victim to frighten the individual is not considered an aggravated 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 mpensatory 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 allowPunitive 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.

Brewer, J. D. 1994.The Danger from Strangers: Confronting the Threat of Assault.Norwell, Mass.: Kluwer Academic.

1) v. the threat or attempt to strike another, whether successful or not, provided the target is aware of the danger. The assaulter must be reasonably capable of carrying through the attack. In some states if the assault is with a deadly weapon (such as sniping with a rifle), the intended victim does not need to know of the peril. Other state laws distinguish between different degrees (first or second) of assault depending on whether there is actual hitting, injury or just a threat. Aggravated assault is an attack connected with the commission of another crime, such as beating a clerk during a robbery. 2) n. the act of committing an assault, as in there was an assault down on Third Avenue. Assault is both a criminal wrong, for which one may be charged and tried, and civil wrong for which the target may sue for damages due to the assault, including for mental distress.

act of hostilityaggression, aggressive action,assailmentattackbesiegementencounterincursionincursusinjuryintrusionirruptionoffenseonsetonset with forceonslaughtoppugnatiosiegestrikesudden attack, violation of anothers rights

Associated concepts:aggravated assaultassault and battery, assault with a deadly weapon, assault with intent to commit a felony, assault with intent to commit murder, assault with intent to maim, assault with intent to rape, assault with intent to rob,battery, felonious assault, simple assaultassaultverbaccostaccost bellicoselyadgrediaddriri, affront hostilely,aggressappetereassailassault belligerentlyattackattack physicallyattempt violence todeal a blowharmoppugnset upon, set upon with force, set upon with violence,strikethrust atSee also:accostambushassailattackbarragebatterybattlebelligerencycondemndenouncefightincursioninvadeinvasionmaltreatmishandlemistreatmolestoffenseopposeoppugnoutbreakraperesistresistanceviolenceassault1in the law of tort, an assault is an act that causes another person to apprehend the infliction of immediate unlawful force on his person; abatteryis the actual infliction of unlawful force on another person. There can beassault without battery,as where the wrongdoer is restrained, but if a battery is immediately impossible then there is not assault, as where a man behind bars threatens violence. There is a conflict of authority concerning the degree to which there must be an actual gesture rather than simple words. There can bebattery without an assaultin any situation where there is no preceding cause of apprehension, such as a blow to a sleeping person. There does not need to be a direct blow- pulling a chair from under a person is sufficient. Any contact with a person is sufficient to be an assault in law subject to the defence of consent.2in English criminal law, the crime constituted broadly as stated above. When included with battery it is another statutory offence. The concept of informed consent has been held to have no place in English criminal law. A dentist who, having been suspended from practice treated patients without telling them this fact, had his conviction quashed – the patients agreed to be treated by a dentist and were so treated.3in Scots civil law, the delict of unlawful touching or an attack likely to touch, like spitting.4in Scots criminal law, a deliberate attack on another person.

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 Wheelers Cr. C. 364; 6 Rogers Rec. 9; 1 Serg. & Rawle, 347 Bac. Ab. h.t.; Roscoe. Cr. Ev. 210.

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Its Define Its at

(used as an attributive adjective):

The book has lost its jacket. Im sorry about its being so late.

Its [it is] unclear what he meant. Its [it has] been wonderful seeing you again.

It has a strong flavor; use it sparingly

An equally common mistake is to use

for the possessive, probably because ordinary possessives of nouns are formed with an apostrophe:

is a pronoun, not a noun, and, like other possessive pronouns (

), is written without that particular bit of punctuation:

I have to fix my bike. Its front wheel came off.

The cat is angry because the bowl youre eating out of is its!

) or as a pronoun meaning that or those belonging to it (

Your notebook pages are torn. Borrow my notebookits arent

), such use is rare and in most circumstances strained. See alsome.

(used to represent an inanimate thing understood, previously mentioned, about to be mentioned, or present in the immediate context):

It has whitewall tires and red upholstery. You cant tell a book by its cover.

(used to represent a person or animal understood, previously mentioned, or about to be mentioned whose gender is unknown or disregarded):

It was the largest ever caught off the Florida coast. Who was it? It was John. The horse had its saddle on.

(used to represent a group understood or previously mentioned):

The judge told the jury it must decide two issues.

(used to represent a concept or abstract idea understood or previously stated):

It all started with Adam and Eve. He has been taught to believe it all his life.

(used to represent an action or activity understood, previously mentioned, or about to be mentioned):

Since you dont like it, you dont have to go skiing.

(used as the impersonal subject of the verb

especially to refer to time, distance, or the weather):

It is six oclock. It is five miles to town. It was foggy.

(used in statements expressing an action, condition, fact, circumstance, or situation without reference to an agent):

If it werent for Edna, I wouldnt go.

(used in referring to something as the origin or cause of pain, pleasure, etc.):

Where does it hurt? It looks bad for the candidate.

(used in referring to a source not specifically named or described):

(used in referring to the general state of affairs; circumstances, fate, or life in general):

(used as an anticipatory subject or object to make a sentence more eloquent or suspenseful or to shift emphasis):

It is necessary that you do your duty. It was a gun that he was carrying.

It having rained for only one hour didnt help the crops.

(in childrens games) the player called upon to perform some task, as, in tag, the one who must catch the other players.

He was warned to get with it or resign.

to possess the requisite abilities for something; be talented, adept, or proficient:

In this business youeither have it or you dont.

aware of the latest fads, fashions, etc.; up-to-date.

Im just not with it early in the morning.

understanding or appreciative of something, as jazz.

British Dictionary definitions forits

of, belonging to, or associated in some way with it

One of the commonest mistakes made in written English is the confusion of

. You can see examples of this every day in books, magazines, and newspapers:

its good for us; a smart case with its own mirror

refers to something belonging to or relating to a thing that has already been mentioned:

the baby threw its rattle out of the pram

(the apostrophe indicates that a letter has been omitted:

its a lovely day; its been a great weekend

refers to a nonhuman, animal, plant, or inanimate thing, or sometimes to a small baby

refers to an unspecified or implied antecedent or to a previous or understood clause, phrase, etc

used to represent human life or experience either in totality or in respect of the present situation

used as a formal subject (or object), referring to a following clause, phrase, or word

used in the nominative as the formal grammatical subject of impersonal verbs. When

functions absolutely in such sentences, not referring to any previous or following clause or phrase, the context is nearly always a description of the environment or of some physical sensation

the steering failed and I thought that was it

(in childrens games) the player whose turn it is to try to touch another

Collins English Dictionary – Complete & Unabridged 2012 Digital Edition © William Collins Sons & Co. Ltd. 1979, 1986 © HarperCollins Publishers 1998, 2000, 2003, 2005, 2006, 2007, 2009, 2012

neuter possessive pronoun; the modern word begins to appear in writing at the end of 16c., fromit+ genitive/possessive endings(q.v.), and at first commonly writtenits, a spelling retained by some to the beginning of the 19c. [OED]. The apostrophe came to be omitted, perhaps becauseitsalready was established as a contraction ofit is, or by general habit of omitting apostrophes in personal pronouns (hers,yours,theirs, etc.).

The neuter genitive pronoun in Middle English washis, but the clash between grammatical gender and sexual gender, or else the application of the word to both human and non-human subjects, evidently made users uncomfortable. Restriction ofhisto the masculine and avoidance of it as a neuter pronoun is evidenced in Middle English, andof itandthereof(as in KJV) were used for the neuter possessive. Also, from c.1300, simpleitwas used as a neuter possessive pronoun. But in literary use,hisas a neuter pronoun continued into the 17c.

Old Englishhit, neuter nominative and accusative of third person singular pronoun, from Proto-Germanic demonstrative base*khi-(cf. Old Frisianhit, Dutchhet, Gothichitait), from PIE*ko-this (seehe). Used in place of any neuter noun, hence, as gender faded in Middle English, it took on the meaning thing or animal spoken about before.

Theh-was lost due to being in an unemphasized position, as in modern speech theh-in give it tohim,askher,is only heard in the careful speech of the partially educated [Weekley].Itthe sex act is from 1610s; meaning sex appeal (especially in a woman) first attested 1904 in works of Rudyard Kipling, popularized 1927 as title of a book by Elinor Glyn, and by application ofIt Girlto silent-film star Clara Bow (1905-1965). In childrens games, meaning the one who must tag the others is attested from 1842.

In addition to the idioms beginning withit