ASSAULT

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ASSAULT

ASSAULT, crim. law. An assault is any unlawful attempt or offer with force or violence to do a corporal hurt to another, whether from malice orwantonness; for example, by striking at him or even holding up the fist athim in a threatening or insulting manner, or with other circumstances asdenote at the time. an intention, coupled with a present ability, of actualviolence against his person, as by pointing a weapon at him when he iswithin reach of it. 6 Rogers Rec: 9. When the injury is actually inflicted,it amounts to a battery. (q.v.) 2. Assaults are either simple or aggravated. 1. A simple assault is oneWhere there is no intention to do any other injury. This is punished atcommon law by fine and imprisonment. 2. An aggravated assault is one thathas in addition to the bare intention to commit it, another object which isalso criminal; for example, if a man should fire a pistol at another andmiss him, the former would be guilty of an assault with intent to murder; soan assault with intent to rob a man, or with intent to spoil his clothes,and the like, are aggravated assaults, and they are more severely punishedthan simple assaults. General references, 1 East, P. C. 406; Bull. N. P. 15;Hawk. P. B. b. 1, c. 62, s. 12; 1 Russ. Cr. 604; 2 Camp. Rep. 650 1Wheeler's Cr. C. 364; 6 Rogers' Rec. 9; 1 Serg. & Rawle, 347 Bac. Ab. h.t.;Roscoe. Cr. Ev. 210.

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