In legal terms, an assault is an action that causes physical harm, unwanted physical contact, or a threat to do so. It is both a crime and a civil wrong, meaning it can lead to criminal charges, legal responsibility in civil cases, or both. Assault also includes intentionally causing fear of physical harm or unwanted contact. It can happen with or without a weapon and can range from physical violence to threats. Assault is sometimes called an attempt to commit battery, which is the act of using physical force against someone. In some legal systems, assault is defined as causing fear, worry, or terror. The punishment for assault depends on how serious the act is and may include fines, imprisonment, or, in extreme cases, the death penalty.

In both criminal and tort law, the common law definition of assault is the same. Traditionally, legal systems based on common law treat assault and battery as separate offenses. In this view, battery is actual physical contact, while assault is a real threat or attempt to cause battery. Some places have combined these two offenses into one crime called "assault and battery," which is now often called simply "assault." This has led to the term "assault" in these areas sometimes matching the traditional definition of battery. Legal systems based on civil law and Scots law do not separate assault from battery.

Legal systems recognize that assaults can vary greatly in seriousness. In the United States, assault can be classified as a minor crime (misdemeanor) or a more serious crime (felony). In England and Wales and Australia, assault can be charged as common assault, assault causing actual bodily harm, or assault causing grievous bodily harm. Canada has three levels of assault charges: assault, assault causing bodily harm, and aggravated assault. Separate charges often exist for sexual assault, affray (a violent public disturbance), and assaulting a police officer. Assault can also overlap with attempted crimes, such as when an assault is charged as attempted murder if the person intended to kill.

Related definitions

Battery is a crime that happens when someone uses physical force against another person without their permission. It is a type of assault and is considered a serious offense. Battery can include actions like hitting someone, pushing, or causing serious harm or even death. The punishment for battery depends on how serious the act is. It may include jail time, fines, or probation.

In some places, assault and battery are treated as separate crimes. If someone threatens to touch another person and then follows through with the threat, both assault and battery may be charged. This is sometimes called common assault. For battery to occur, the action must be intentional, meant to cause harm or an offensive touch, and must result in actual contact.

Aggravated assault is a violent crime that involves using or threatening to use violence. It usually happens when someone intentionally makes another person fear they will be hurt soon. This can include using a weapon or threatening to use one. Aggravated assault is often a felony, which means it is a very serious crime. People convicted of this crime may face long prison sentences.

In some areas, aggravated assault is a more severe type of assault, often involving a deadly weapon. A person may be charged with aggravated assault if they:
• try to seriously injure someone with a deadly weapon
• have sexual contact with someone younger than the legal age of consent
• cause harm by driving recklessly during road rage, which is sometimes called vehicular assault or aggravated assault with a motor vehicle
Aggravated assault can also be charged if someone tries to harm a police officer or other public official.

Defenses

In many legal systems, the types of defenses available for assault cases may differ, but the following defenses can apply in all situations involving assault:

Some actions, such as minor physical contact that is part of normal social behavior, are not considered assault. This is called "de minimis harm." Assault can also occur when someone spits on another person or exposes bodily fluids without permission.

Consent may be used as a defense in assault cases, either fully or partially. However, in some legal systems, such as England, consent is not a defense if the injury is severe, unless there is a legally recognized reason for the assault. This rule has been important in cases involving consensual sadomasochistic activities, such as the Operation Spanner case. Legally recognized reasons for consent include medical procedures, sports activities (like boxing or wrestling), body modifications (as in the case of R v Wilson), or playful behavior (as in R v Jones). However, actions outside the rules of a game are not considered valid defenses. In Scottish law, consent is not a defense for assault.

Law enforcement officers and court officials may use force when performing duties such as making an arrest or enforcing court orders. For example, a court officer may use force to take possession of items if it is necessary.

In some places, such as Singapore, judicial corporal punishment is legally allowed. Officers who carry out this punishment are protected from being charged with assault.

In the United States, England, Northern Ireland, Australia, and Canada, parents or guardians may use physical force on children for discipline unless it is considered excessive or unreasonable. What is considered "reasonable" depends on laws and court decisions. Unreasonable physical punishment may be classified as assault or child abuse.

In England, the Children Act 2004 limits the use of the "lawful correction" defense for common assault. This defense was removed in Wales in 2022.

Some countries, including certain U.S. states, allow the use of corporal punishment for children in schools or homes.

Self-defense may involve using reasonable force to stop someone from committing a crime, such as preventing an assault. However, this could also apply to crimes that do not involve physical violence.

In some legal systems, force may be used to protect property from damage. For example, in Ohio, residents may use force to remove an intruder from their home if they feel threatened. In England, laws such as the Criminal Damage Act 1971 and the Criminal Law Act 1967 allow for certain defenses when property is damaged during self-defense, but courts must ensure that excessive force is not used.

By country

The table below shows the rate of reported serious assaults for individual countries, as reported by the United Nations Office on Drugs and Crime for the most recent year available.

The table also shows the percentage of people who reported being physically assaulted in the past 12 months, based on surveys and statistics.

In legal terms, the word "assault" often includes both common assault and battery, even though these are separate crimes. Common assault happens when someone intentionally or carelessly causes another person to fear that unlawful force will be used against them soon. Battery refers to the actual use of force against another person.

Each state has laws about assault. Cases that are not very serious are usually heard in a magistrates' court, while more serious cases are heard in a district or supreme court. The laws in each state explain what actions make up an assault, where these actions are written in legal codes, and what punishments apply for assault.

In New South Wales, the Crimes Act 1900 outlines several types of assault that are more serious than common assault and carry heavier punishments. These include:

• Acts done with the intent to kill
• Wounding or causing serious injury
• Using or carrying a weapon to resist arrest

• Actual bodily harm: This term is not clearly defined in the Crimes Act, but court cases suggest it includes injuries like bruises, scratches, or psychological harm if the injury is not temporary (it does not have to be permanent).
• Wounding: This involves breaking the skin.
• Grievous bodily harm: This includes harm such as the destruction of a fetus, permanent or serious disfigurement, or the spread of a serious disease.

• Death
• Death when the offender was intoxicated

In Canada, assault is defined in section 265 of the Criminal Code. Assault occurs when a person intentionally applies force to another person without their permission, or attempts to do so, or threatens to do so. An injury does not need to occur for an assault to be committed, but the force used must be offensive in nature. Minor actions, such as tapping or pushing, can also be considered assault if done without consent. Accidental force is not considered assault.

The punishment for assault in Canada depends on the type of assault and how the case is handled in court. Assault is considered a dual offence, meaning it can be either a summary (less serious) or indictable (more serious) offence. Police can arrest someone without a warrant for assault if it is in the public interest to do so, such as to stop the same person from harming the victim again.

Some types of assault include:

• Assault: Defined in section 265 of the Code.
• Assault with a weapon: Section 267(a) of the Code.
• Assault causing bodily harm: Section 267(b) of the Code.
• Aggravated assault: Section 268 of the Code.
• Assaulting a peace officer: Section 270 of the Code.
• Sexual assault: Section 271 of the Code.
• Sexual assault with a weapon or threats: Section 272 of the Code.
• Aggravated sexual assault: Covered in the Code.

A person cannot legally consent to assault with a weapon, assault causing bodily harm, aggravated assault, or sexual assault. Consent is not valid if two people agree to fight but serious harm is intended or caused.

In Ancient Greece, the term for assault was "hubris." Unlike modern usage, "hubris" did not mean excessive pride or arrogance. Instead, it referred to actions that shamed or humiliated a person, often in public. These actions were considered serious crimes and could lead to severe punishment. Examples of such actions included assault and battery, sexual crimes, or theft of public or sacred property.

Two famous cases of hubris are described in speeches by Demosthenes, a Greek statesman. In one case, Meidias was accused of punching Demosthenes in the face in a theater. In another, someone was accused of severely beating Demosthenes.

Hubris was considered a serious crime in classical Athens and was seen as the greatest sin of the time. It was not only linked to pride but also to violent actions that harmed others. The concept of "hubris" in ancient Greece included actions that insulted or humiliated others, such as treating a defeated enemy disrespectfully.

Over time, the term "hubris" in modern English has come to mean any extreme act of pride or disregard for moral rules. Such actions are sometimes called "acts of hubris," and the person committing them may be described as "hubristic." The Greek word "Atë" means "ruin, folly, or delusion," and it often refers to the actions that lead a hero to their downfall due to their pride.

In ancient Greek society, the ideas of "honor" (timē) and "shame" were important. Honor was not just about being respected but also about humiliating those who acted improperly. This concept is similar to a zero-sum game, where one person's gain is another's loss. Rush Rehm describes "hubris" as actions involving "insolence, contempt, and excessive violence."

In India, the Indian Penal Code covers assault in Chapter 16, sections 351 through 358. Section 351 defines assault as an attempt to use criminal force, which is described in section 350. In India, simply using words without actions does not count as assault. However, words that make gestures or preparations seem like an attack may be considered assault.

In South African law, there is no clear distinction between assault and battery. Assault is a common legal term used to describe the act of unlawfully attempting to strike, beat, wound, or harm another person.

General and cited references

• Dennis Baker and William Glanville. "Chapter 9." Textbook of Criminal Law. London: Sweet & Maxwell.