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Assault

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

An unlawful offer or attempt with force or violence to do a corporal hurt to another. It may consist of any act tending to such injury, and accompanied by such circumstances as denote an intention and a present ability of personal violence.

1 Hill (N. Y.) 351.

Force unlawfully directed or applied to the person of another under such circumstances as to cause a well-founded apprehension of immediate peril. Aggravated assault is one committed with the intention of committing some additional crime, or under circumstances of peculiar turpitude. Simple assault is one committed with no intention to do any other injury. Assault is generally coupled with battery, and for the excellent practical reason that they generally go together; but the assault is rather the initiation or offer to commit the act of which the battery is the consummation. An assault is included in every battery.

1 Hawk. P. C. c. 62, § 1.

Mere words do not constitute an assault (59 Ind. 300), but some overt act is required (55 Hun [N. Y.] 214).