Assault

Assault is a legal term for specific harmful actions. It involves causing physical harm or unwanted contact to another person. In many legal systems, it also includes the threat of harm. An assault can be a physical act or a verbal threat. It can involve a weapon or occur without one. This behavior is both a crime and a civil wrong called a tort. This means a person may face criminal prosecution or civil liability.

Lawyers often distinguish between assault and battery. In traditional common law, these are two separate legal concepts. Assault is the credible threat or attempt to cause harm. Battery is the actual physical contact made against a person. For an act to be battery, it must be volitional. A volitional act is one that is purposeful and deliberate. It is not a reflexive or involuntary movement. For example, a person kicking someone while asleep is not battery. This is because the act was not willful. However, battery can also occur through criminal negligence. This happens when a person is extremely careless with their actions.

Legal systems categorize assaults by their level of severity. In the United States, an assault is charged as a misdemeanor or a felony. England and Wales use different names for these levels. They use terms like common assault or actual bodily harm (ABH). They also use the term grievous bodily harm (GBH) for very serious cases. Canada uses a three-tier system as well. They categorize acts as assault, assault causing bodily harm, or aggravated assault. Some jurisdictions combine these into one crime called "assault and battery." In these places, the word assault covers both threats and physical contact.

Aggravated assault is a particularly violent category of crime. It involves an intentional act that causes fear of imminent injury. This often includes the use of a deadly weapon. It can also include the threat of using such a weapon. In some places, aggravated assault is a felony offense. It can lead to very long prison sentences. This category can also include reckless driving during road rage. This is sometimes called vehicular assault. Other specific charges exist for sexual assaults or for assaulting police officers.

There are certain legal defenses that may apply to an assault charge. One common defense is consent. This means the person agreed to the contact. Some contact is allowed as normal social behavior. This is known as de minimis harm. Consent is legally recognized for medical surgery or bodily adornment like tattoos. It is also allowed in contact sports like boxing or wrestling. However, the contact must stay within the rules of the game. In Scotland, consent is not a valid defense for assault. In England, consent is not a defense if the injury is severe.

Other situations allow for the use of force. Police officers have the power to use force during an arrest. Court officials may also use force to perform their duties. For example, an officer might use force to take goods under a court order. Some jurisdictions also allow force to defend property. This is used to prevent damage to that property. In Ohio, residents may use force to remove an intruder from their home. They must tell the court they felt threatened by the person's presence. Using force to prevent another crime is also a recognized defense.

Assault rates vary significantly across the globe. The United Nations Office on Drugs and Crime tracks these reports. For example, in 2022, England and Wales reported 950.7 serious assaults per 100,000 people. In 2023, Singapore reported 5.2 serious assaults per 100,000 people. Statistics also show how many people experience assault in a year. In 2019, one survey showed 9.4% of a population experienced assault. Other surveys show much lower numbers, such as 0.5% in 2020. These numbers help researchers understand how often these events occur in different societies.