Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    An attempt, or offer, with force and violence, to do corporal hurt to another. See 11 Am. St. Rep. 830.

  • Black's Law Dictionary: 2nd Edition

    An unlawful attempt or offer, on the part of one man, with force or violence, to inflict a bodily hurt upon another. An attempt or offer to bcat another, without touching him; as if one lifts up his cane or his fist in a threatening manner at another ; or strikes at him, but misses him. 3 Bl. Comm. 120; 3 Steph. Comm. 469. Aggravated assault is one committed with the intention of committing some additional crime; or one attended with circumstances of peculiar outrage or atrocity. Simple assault is one committed with no intention to do any other injury. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injurv on the person of another. Pen. Code Oal. § 240. An assault is an attempt to commit a violent injury on the person of another. Code Ga. 1882, § 4357. An assault is any willful and unlawful attempt or offer, with force or violence, to do a corporal hurt to another. Pen. Code Dak. § 305. An assault is an offer or an attempt to do a corporal injury to another; as by striking at him with the hand, or with a stick, or by shaking the fist at him, or presenting a gun or other weapon within such distance as that a hurt might be given, or drawing a sword and brandishing it in a menacing manner; provided the act is done with intent to do some corporal hurt. United States v. Hand, 2 Wash. C. C. 435, Fed. Cas. No. 15,297. An assault is an attempt, with force or violence, to do a corporal injury to another, and may consist of any act tending to such corporal injury, accompanied with such circumstances as denote at the time an intention, coupled with the present ability, of using actual violence against the person. Hays v. People, 1 Hill (N. Y.) 351. An assault is an attempt or offer, with force or violence, to do a corporal hurt to another, whether from malice or wantonness, with such circumstances as denote, at the time, an intention to do it, coupled with a present ability to carrv such intention into effect. Tarver v. Slate, 43 Ala. 354. An assault is an intentional attempt, by violence, to do an injury to the person of another. It must be intentional; for, if it can be collected, notwithstanding appearances to the contrary, that there is not a present purpose to do an injfury, there is no assault. State v. Davis, 23 N. C. 127, 35 Am. Dec. 735. In order to constitute an assault there must be something more than a mere menace. There must be violence begun to be executed. But, where there is a clear intent to commit violence, accompanied by acts which if not interrupted, will be followed by personal injury, the violence is commenced and the assault is complete. People v. Yslas, 27 Cal. 633. Simple assault. An offer or attempt to do bodily harm which falls short of an actual battery ; an offer or attempt to beat another, but without touching him; for example, a bio delivered within striking distance, but which does not reach its mark. See State v. Light-sey, 43 S. (3. ll4, 20 S. E. 975; Norton v. State, 14 Tex. 393.