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In the terminology of law, an assault is the act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. [1] It is both a crime and a tort and, therefore, may result in criminal prosecution , civil liability , or both.
Aggravated assault, for example, is usually differentiated from simple assault by the offender's intent (e.g., to murder or to rape), the extent of injury to the victim, or the use of a deadly weapon. An aggravating circumstance is a kind of attendant circumstance and the opposite of an extenuating or mitigating circumstance, which decreases guilt.
Simple assault is a class A misdemeanor, but if physical contact occurs, the offense is a class D felony. If a deadly weapon is used or bodily injury is inflicted, it is a class C felony. [ 1 ] Threatening the government officials of the United States , particularly law enforcement officers, can in some cases fall under this statute.
Julio Amaro-Vasquez, 33, was charged with attempted murder, attempted aggravated assault, sexual assault and other charges earlier in June.
An act of assault may also be privileged, meaning that the person who commits the assault had the legal right to do so and cannot be sued, as might occur if a police officer draws a firearm on a criminal suspect. Lastly, automatism (e.g., sleep walking) acts to negate the intent element as someone acting while asleep is not acting voluntarily.
As a successor to the common law crime of mayhem, this is sometimes subsumed in the definition of assault. In Florida, aggravated battery is the intentional infliction of great bodily harm and is a second-degree felony, [14] whereas battery that unintentionally causes great bodily harm is considered a third-degree felony. [15]
Ibarra was indicted on 10 counts: malice murder, three counts of felony murder, kidnapping with bodily injury, aggravated assault with intent to rape, aggravated battery, obstructing a person ...
Arrested in West Virginia: Canton man, wanted for attempted murder, arrested and returned to Stark County Reach Nancy at 330-580-8382 or nancy.molnar@cantonrep.com. On X, formerly known as Twitter ...