Assault

Question 1

What are the two types of assault?

Answer 1

1. Failed attempted battery
2. Fear of battery assault

Question 2

What is failed attempted battery?

Answer 2

When D intended to batter a victim but failed

Question 3

What is required to prove failed attempt battery?

Answer 3

Proof that D intended to actually batter a victim

Question 4

Must victim be aware of failed attempted battery for liability?

Answer 4

No, so long as the D intends to commit the battery, it is no defense that the victim was not aware of the assault

Question 5

Must D actually have been able to commit battery for failed attempt battery assault?

Answer 5

No, it does not matter that D wasn’t presently able to commit the battery for liability purposes

Question 6

What is fear of battery assault?

Answer 6

The D never intended to actually batter the victim, but instead to put the victim in fear of an immediate battery

Question 7

What is required for fear of battery assault?

Answer 7

The D must act with threatening conduct intended to cause a reasonable apprehension of imminent harm to the victim

Question 8

What is reasonable apprehension requirement for assault?

Answer 8

There is no assualt when a reasonable person would not expect imminent bodily harm from a contact

Question 9

Does the victim need to be in fear to have a reasonable apprehension of imminent harm?

Answer 9

No, the victim only needs to be aware of the threat of harm and to expect the harm, they don’t necessarily need to be afraid of it

Question 10

When will assault be aggravated to felony assault?

Answer 10

Assault can rise to aggravated felony assault when:
1. the D commits the assault with a dangerous weapon
2. the D acts with the intent to rape or murder the victim
3. the victim is specially protected by statute