Before going in for claims or court cases related to criminal injury or assault, you should have an idea of what exactly is Assault. To be more precise, the legal definition of assault should be known by you if you are to take the help of law in your advantage. So what exactly is that definition?
If you go by the rulebooks, you will see that assault is defined as “the intentional creation of a reasonable apprehension of harm”. It is obvious that you will not understand a majority of this definition. In simple terms, assault happens when one person harms or attempts to harm another person intentionally and not accidentally. Attempt of harm implies that if a person perceives that another person is going to harm him like for example if the other person raises his arms with his fists clenched, then it is considered as an assault. This is the primary difference it has with battery.
Many a times assault and battery have been misunderstood to be the same. Battery is said to have occurred if the person really suffers an injury i.e. he or she has been subject to physical harm. In the example mentioned above, only if one person has been punched by the other then only can we term it as battery.
If you are fighting a legal case involving assault, then you need to have ample proof of being assaulted. Therefore, what serves as a proof to assault, you may ask? The definition we gave earlier clearly signifies what should be the occurrence to term an event as assault. If we split the definition of assault, we can see the clear proof of assault. Here is what it is,
The Intentional Creation: the event of assault should not be accidental. Someone should intentionally commit the crime and not out of accident or to make fun of someone.
Of a Reasonable Apprehension: The person who is assaulted or the victim to be more precise, should clearly understand that the harm is committed on him/her or that the harm is directed at them directly or indirectly. Unless the victim is unaware that a threat is looming at large for them from someone else, the threat cannot be termed as an assault.
Of Harm: Harm implies that physical damage or action should be inflicted on the victim. It can be either a punch or kick or even a physical or more specifically sexual touch that causes harm to the person.
So now that you are aware of the legal definition of assault, dealing with an assault case will be quite simple.