Assault FAQs:


Q: Is assault an attempt to initiate harmful or offensive contact with a person?

A: Yes, or a threat to do so.

Q: Is assault defined by section 252 of that Act?

A: Yes.

Q: Is assault created by section 113 of the Criminal Code?

A: Yes.

Q: Is assault carried out by a threat of bodily harm coupled with an apparent?

A: Yes, and present ability to cause the harm.

Q: Was assault repealed by the Criminal Law Amendment Act?

A: Yes, and 2007, and replaced by a statutory crime of sexual assault.

Q: Is assault defined as an "attack upon the person of another"?

A: Yes, There is no distinction made in Scotland between assault and battery , although, as in England and Wales, assault can be occasioned without a physical attack on another's person, as demonstrated in Atkinson v. HM Advocate wherein the accused was found guilty of assaulting a shop assistant by simply jumping over a counter wearing a ski mask.

Q: Is assault typically treated as a misdemeanor and not as a felony?

A: Yes, The more serious crime of aggravated assault is treated as a felony.

Q: Is assault a misdemeanor punishable by one year imprisonment?

A: Yes, assault with "intent to have carnal knowledge of him or her" or who indecently assaults another, or who commits other more-serious variants of assault are guilty of a felony, and longer prison terms are provided for.

Q: Is assault an assault that lacks any of the aggravating features which Parliament has deemed serious enough to deserve a higher penalty?

A: Yes.

Q: Is assault sectioned in legislation or criminal codes?

A: Yes, and the penalties that apply for the offence of assault.

Q: Is assault heard in the Magistrates Court of that state or indictable offences are heard in a District or Supreme Court of that State?

A: Yes.

Q: Is assault intentionally placing another person in reasonable apprehension of immediate bodily harm?

A: Yes.

Q: Is assault in Indian criminal law an attempt to use criminal force?

A: Yes, The attempt itself has been made an offence in India, as in other states.

Q: Is assault a common law crime defined as "unlawfully and intentionally applying force to the person of another"?

A: Yes, or inspiring a belief in that other that force is immediately to be applied to him.

Q: Is assault simply "evil intent"?

A: Yes, although this has been held to mean no more than that assault "cannot be committed accidentally or recklessly or negligently" as upheld in Lord Advocate's Reference No 2 of 1992 where it was found that a "hold-up" in a shop justified as a joke would still constitute an offence.

Q: Is assault an offence under s?

A: Yes, 265 of the Canadian Criminal Code.

Q: Is assault not committed by merely, for example, swearing at another?

A: Yes, without threat of battery, there can be no assault.