Assault

by Clearwater Personal Injury Lawyers Tragos & Sartes

In criminal law, “assault” and “battery” typically go together for a single offense. In tort law, or personal injury, “assault” and “battery” separate. Assault is the tort of intentionally and voluntarily causing the reasonable apprehension of an immediate harmful or offensive contact.

Assault is a personal tort. Like battery, it is an intentional tort, as opposed to one of negligence. An individual’s ability to follow through with the expected contact is not necessary. For example, an individual that threatens a person with a toy gun can commit assault even if it is not possible for that individual to follow through and actually hurt their victim.

To distinguish it from battery, assault does not involve actual contact. It only needs the intent of an individual to cause apprehension of harmful contact. In this manner, wielding a knife can be considered assault if a fearful situation resulted.

The law, as in all things, varies by jurisdiction. Contact is frequently considered to be harmful if it objectively intends to injure, disfigure, impair, or cause pain to another person. An act is construed as “offensive” if it would offend the personal dignity of a reasonable person. “Imminence” is judged objectively and varies widely on the facts of an individual case. It usually suggests that there is little to no opportunity for an intervening act.

Finally, “apprehension” is differentiated from the general state of fear. Apprehension requires only that the person be aware of an imminent harmful or offensive act. It does not require a person necessarily to be scared of the act, although that frequently goes along with apprehension.

Speak with a Clearwater Personal Injury Lawyer

If you have been assaulted in the Tampa area, contact the Clearwater personal injury lawyers of the Law Offices of Tragos & Sartes at 727-441-9030 to discuss your situation and to determine your legal options.