Assault (Torts Law)

A person is liable for the intentional tort of “assault” if (1) he/she acts intending to cause a harmful or offensive contact with the person of another or a third person, or an imminent apprehension of such a contact; and, (2) the other person is thereby put in such imminent apprehension. An act intended to cause […]

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Assault (Criminal Law)

The creation in another of the fear of bodily harm. As the California Supreme Court explained in People v. Williams, 26 Cal.4th 779, “the crime of assault has always focused on the nature of the act and not on the perpetrator’s specific intent. An assault occurs whenever the next movement would, at least to all […]

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Assault

The intentional tort of assault is an act intended to cause apprehension of an imminent harmful or offensive contact, which directly or indirectly causes reasonable apprehension of such contact. Apprehension The interest protected by the tort of assault is freedom from reasonable apprehension of imminent harmful or offensive contact.  This aspect of the claim thus […]

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Assailant

Criminal Law.  “Assailant means one who assails or who assaults; the aggressor.”  Scales v. State, 96 Ala. 69 (1892). “The killing of an assailant is excusable on the ground of self-defense only when it is, or reasonably appears to be, the only means of saving one’s own life or preventing great bodily injury; and, if the danger can […]

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