Anaya Nolan
Assault is a common law offence in many jurisdictions, including South Africa, England, and Wales. It is defined as unlawfully and intentionally applying force to the person of another, or inspiring a belief in that other that force is immediately to be applied to him or her. The offence of assault can be aggravated by factors such as the use of a deadly weapon, the intention to cause harm, or the actual causing of harm, and the identity of the victim, such as an emergency worker. The penalty for assault varies depending on the jurisdiction and the specific circumstances of the offence, ranging from fines to imprisonment.
| Characteristics | Values |
|---|---|
| Definition | An assault is an intentional or reckless action that causes another person to fear or apprehend immediate violence. |
| Physical contact | Physical contact is not necessary to commit an assault. Raising a fist or spitting at someone can be considered assault. |
| Injury | The degree of injury required for conviction can be unproven. However, if an injury is caused, it must be minor to be considered common assault. |
| Ordinary contact | Ordinary, harmless contact such as a handshake or a pat on the back is not considered assault. |
| Consent | Consent negates assault. |
| Self-defence | Actions that might fall under the definition of 'assault' are lawful in self-defence. |
| Medical intervention | Actions that might fall under the definition of 'assault' are lawful in medical intervention. |
| Sports | Genuine tackles in contact sports like football or rugby are not considered assault. |
| Defending property | Defence of property is a justification for a certain level of force. |
| Aggravated assault | Assault is considered aggravated if it is carried out against a specific target or with a specific intent. |
| Racially or religiously aggravated assault | Racially or religiously aggravated assault is a distinct offence in England and Wales, with a maximum sentence of 2 years imprisonment. |
| Assault with intent to resist arrest | Assault with intent to resist arrest is a common law offence. |
| Assault on a police constable | Assault on a police constable in execution of their duty is a common law offence. |
| Maximum sentence for common assault | The maximum sentence for common assault is six months' imprisonment. |
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What You'll Learn
Common assault definition
Common assault is defined as an act in which a person “intentionally or recklessly causes another person to apprehend immediate unlawful violence". In other words, it is committed when one person causes another to fear or apprehend that force is about to be used to cause some degree of personal contact and possible injury. The term "apprehend" here means to fear or be apprehensive of something.
In England and Wales, common assault is a summary offence. It is punishable by imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both. Common assault cases can only be heard in the magistrates' court. If the assault is racially or religiously aggravated, the maximum sentence is two years' imprisonment and cases can be heard in the Crown Court as well.
Ordinary, harmless contact such as that encountered on busy public transport or in a crowded pub is not considered assault. Nor are genuine tackles in contact sports like football or rugby. Preventing someone from accidentally endangering themselves would also generally not amount to assault.
In the United States, the courts have looked to common law to define "assault" as:
> An attempt with force or violence to do a corporal injury to another; may consist of any act tending to such corporal injury, accompanied with such circumstances as denotes at the time an intention, coupled with present ability, of using actual violence against the person. Guarro v. United States, 237 F.2d 578, 580 (D.C. Cir. 1956). But, of course, an assault can also be committed "merely by putting another in apprehension of harm whether or not the actor actually intends to inflict, or is capable of inflicting that harm." Ladner v. United States, 358 U.S. 169, 177 (1958).
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Common assault sentencing
Assault is a common law crime defined as "unlawfully and intentionally applying force to the person of another, or inspiring a belief in that other that force is immediately to be applied to him or her". The actus reus of common assault is committed when one person causes another to apprehend or fear that force is about to be used to cause some degree of personal contact and possible injury. Ordinary, harmless contact, such as that encountered on a busy bus or train, is not considered assault.
In England and Wales, common assault is a summary offence, punishable by up to six months' imprisonment, a fine, or both. Cases can only be heard in the magistrates' court. If the assault is racially or religiously aggravated, the maximum sentence is two years' imprisonment and cases can be heard in the Crown Court. Common assault is the least serious assault charge and it is not uncommon for more serious charges to be reduced to common assault by prosecutors to avoid the additional expense of a Crown Court trial.
The maximum sentence for common assault on police or prison officers acting in the execution of their duty, or on a person helping them, is also six months' imprisonment and cases can only be heard in the magistrates' courts. This offence is not designed to cover all assaults on police officers. If an assault leads to more significant injury than is covered by common assault, the attacker would potentially be guilty of a more serious offence – either actual bodily harm (ABH) or grievous bodily harm (GBH). Assault occasioning actual bodily harm must have caused some physical harm to the victim. The maximum sentence for GBH is life imprisonment and cases can only be heard in the Crown Court.
New sentencing guidelines have been announced for certain violent offences, including new guidance for assaults on emergency workers, which include police officers, NHS workers, those working for the fire service, prison officers and custody officers. The maximum sentence for common assault on an emergency worker is 12 months' imprisonment.
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Common assault defences
Common assault is a criminal offence, deemed the least serious of assault charges. It is defined by Section 39 of the Criminal Justice Act 1988 as a person acting intentionally or recklessly to 'cause another to suffer or apprehend immediate unlawful violence'.
Self-Defence
Self-defence is a defence to show that you acted in self-defence. You would have to show that you feared an attack and that the force you used was not excessive. The force used in self-defence must be reasonable and no more than necessary to deal with the perceived danger. The person claiming self-defence also cannot have done anything to provoke the attack.
Defence of Others
Reasonable force can be used to protect other people who are under your protection. This would include close family members or others with whom you have a close relationship.
Defence of Property
A property owner can use reasonable force to protect their property. For example, a homeowner is allowed to act to keep someone from breaking into their home or to remove a trespasser. However, when protecting personal property, a person cannot hit or cause bodily harm to the individual trying to take the property.
Duress and Necessity
Duress and necessity cover instances where the accused was forced by another person or a set of circumstances to commit the offence. For example, if you are threatened with physical violence unless you commit assault against a third party, and that is the only reason you commit the assault, you may not be liable for the assault on the third party.
Mental Illness
If proven by a medical professional, mental illness can amount to a defence. However, it must be proven that the accused lacked the ability to reason, such that they did not know the act they were doing was against the law.
Involuntary Intoxication
Voluntary intoxication cannot amount to a defence to common assault. However, involuntary intoxication, such as a spiked drink, may be employed to exonerate the accused of responsibility.
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Aggravated assault
Assault is a common law offence in many jurisdictions. In England and Wales, for example, there are two types of assault offences: common assault and battery. Common assault is committed if one intentionally or recklessly causes another person to experience immediate and unlawful personal violence. The term Common assault" is often used to refer to the separate offence of battery, which does not require proof of physical contact or injury.
The specific definitions and penalties for aggravated assault vary across different jurisdictions. For instance, in New Jersey, aggravated assault resulting from serious bodily injury is a second-degree offence, punishable by 5-10 years in prison and/or a fine of up to $150,000. On the other hand, knowingly pointing a firearm at another person can be classified as a fourth-degree aggravated assault, with a maximum punishment of 18 months in prison and/or a $10,000 fine.
In England and Wales, racially or religiously aggravated common assault is considered a distinct offence and is punishable by up to two years in prison. Assaulting a police officer or a person assisting them in the execution of their duty is also considered a form of aggravated assault.
According to the FBI, the estimated rate of aggravated assaults in 2017 was 248.9 per 100,000 inhabitants, a decrease of 3.9% from the 2008 estimate.
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Assault against law enforcement
Assault is a common law crime defined as "unlawfully and intentionally applying force to the person of another, or inspiring a belief in that other that force is immediately to be applied to him". The actus reus of a common assault is committed when one person causes another to apprehend or fear that force is about to be used to cause some degree of personal contact and possible injury.
In England and Wales, assaulting a police constable in the execution of their duty is a distinct offence. The maximum sentence is six months' imprisonment, and cases can only be heard in the magistrates' courts. Assault with intent to resist arrest is also an offence, which occurs when someone commits a common assault at the time of a lawful arrest with the aim of resisting or stopping the arrest.
In the US, it is also a crime to forcibly assault a federal law enforcement officer who is performing their duties or who formerly served as a federal law enforcement officer. Simple assault can result in the guilty perpetrator receiving up to one year in a federal prison. If assault and battery are committed, the penalty includes a fine and/or imprisonment of up to eight years. If a deadly or dangerous weapon is used to inflict harm on the officer, the penalty is a fine or imprisonment of not more than 20 years, or both.
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Frequently asked questions
Assault is an intentional or reckless action that causes another person to fear or apprehend immediate violence.
Yes, assault is a common law offence. However, the definition of assault differs across jurisdictions. For example, in English law, there are two offences of assault: common assault and battery.
Common assault is an assault that lacks any aggravating features deemed serious enough to deserve a higher penalty. Ordinary, harmless contact such as that encountered on a busy bus or train is not considered common assault.
Battery is the separate offence of using unlawful force against another person. If violence is used in a common assault, it is called a "battery".
The maximum sentence allowed by law for common assault is six months' imprisonment, and cases can only be heard in the magistrates' court. If the assault is racially or religiously aggravated, the maximum sentence is two years' imprisonment, and cases can be heard in the Crown Court.
