There are several definitions of a criminal assault. In some states, an assault is defined as attempted battery, plus the ability to actually carry out that battery. Other states define assault as a deliberate threat to commit battery, even though the person doesn’t intend to carry out the battery.
Suppose Adam intends to scare Steve by jumping out of the bushes at him as though he were going to hit him. Adam does not intend to hit Steve, nor does he touch Steve at all. In states that define assault as attempted battery, Adam is not guilty of assault, since he never intended to touch Steve—that is, he never intended to commit battery on Steve, only frighten him. But in those states that apply the second definition, Adam is guilty of assault because he deliberately threatened to commit battery on Steve.
If you have been arrested and charged with a crime, contact a criminal attorney in Sacramento Richard Allaye Chan Jr. for free consultation. Call (916) 446-4400 today.
Allaye Chan Law – Criminal Defense
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Sacramento, CA 95814