\r\n

The elements of assault are:

\r\n

1. Intentional action by the Defendant

\r\n

2. That caused the Plaintiff to have fear or apprehension of

\r\n

3. A harmful or offensive contact.

\r\n

Intent may be actual or constructive. In other words, action where a reasonable person in the same circumstances would know with a substantial certainty that harm could occur if the contact is made can be considered intent.

\r\n

Actual fear is not a requirement. The victim must simply be apprehensive of the contact. Awareness, then, is a requirement, and a person who is unconscious cannot be assaulted. The Defendant must have the apparent ability to carry out the threat of violence. The threat of offensive contact must be imminent and cannot be a future threat.

\r\n

The intended contact must be harmful or offensive. There is no requirement that the victim would be seriously injured if the contact occurred. Different states have different standards about what would be harmful or offensive, but most use the “reasonable person” standard. In other words, the law does not take into account the subjective feelings of a particular victim.

\r\n

DEFENSES TO ASSAULT

\r\n

1. All of the elements are not present.

\r\n

2. Consent—the Plaintiff agrees to allow the Defendant to attempt offensive contact.

\r\n

Intentional Torts to the Person