Assault

In common law, assault is harmful or offensive contact with a person.

An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal and/or civil liability. Generally, the common law definition is the same in criminal and tort law. There is, however, an additional criminal law category of assault consisting of an attempted but unsuccessful battery. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more limited sense of a threat of violence caused by an immediate show of force. Assault in many US jurisdictions and Scotland is defined more broadly still as any intentional physical contact with another person without their consent; but in England and Wales and in most other common law jurisdictions in the world, this is defined instead as battery. Some jurisdictions have incorporated the definition of civil assault into the definition of the crime making it a criminal assault intentionally to cause another person to apprehend a harmful or offensive contact.

Assault (tort)

In common law, assault is the tort of acting intentionally, that is with either general or specific intent, causing the reasonable apprehension of an immediate harmful or offensive contact. Because assault requires intent, it is considered an intentional tort, as opposed to a tort of negligence. Actual ability to carry out the apprehended contact is not necessary. In Criminal Law an assault is defined as an attempt to commit battery, requiring the specific intent to cause physical injury.

Comparison to battery

As distinguished from battery, assault need not involve actual contact; it only needs intent and the resulting apprehension. However, assault requires more than words alone. For example, wielding a knife while shouting threats could be construed as assault if an apprehension was created. A battery can occur without a preceding assault, such as if a person is struck in the back of the head. Fear is not required, only anticipation of subsequent battery.

An assault can be an attempted battery.

Assault (horse)

Assault (March 26, 1943 – September 2, 1971) was an American Hall of Fame Thoroughbred racehorse who won the U.S. Triple Crown in 1946.

Early life

Foaled at King Ranch in Texas, Assault was sired by Bold Venture, who had won the Kentucky Derby and Preakness Stakes. His dam was the unraced Igual, by Horse of the Year Equipoise. Assault's third dam was Masda, who was a full sister to Man o' War. His full-brother was Air Lift.

Described as being "on the delicate side" by his later jockey, Eddie Arcaro, Assault was plagued with injuries and illnesses from the start. As a youngster, he stepped on what is believed to have been a surveyor's stake, driving it through his front right hoof. The hoof was permanently deformed, and the colt developed a limp to accommodate the odd shape of his foot; however, the "Club-footed Comet", as he was later dubbed, showed no signs of abnormality when he was at a full gallop. Throughout his career, Assault also overcame kidney, splint bone, fetlock, knee and bleeding problems.