{"id":353416,"date":"2016-04-04T10:46:59","date_gmt":"2016-04-04T15:46:59","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/assault-basics.html"},"modified":"2023-08-17T10:45:36","modified_gmt":"2023-08-17T15:45:36","slug":"assault-basics","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/assault-basics.html","title":{"rendered":"Assault Torts and Injury Law"},"content":{"rendered":"\n
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Assault Torts and Injury Law<\/h1>\n\n
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\n By Robert Rafii, Esq.<\/a> | Legally reviewed by Steven Ellison, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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If someone assaulted you, the resulting injuries could be severe. You may sue to recover damages and hold the other person accountable for the harm they caused. But assault means something very specific when it comes to torts and personal injury law.<\/p>\n\n <\/div>\n\n\n\n

In tort law and personal injury claims, an assault refers to a wrongful attempt or threat of violence<\/a>\u00a0\u2014 not actual violence itself. This may surprise people, as physical touch does not have to occur. For example, threatening someone with a knife without actually making contact with them could be considered an act of assault.<\/p>\n

This article provides a brief overview of assault in the civil law context of personal injury cases, not criminal cases. If you are an injured party seeking money for your claim, you can discuss your civil case with a\u00a0personal injury attorney<\/a>.<\/p>\n

Assault vs. Battery<\/h2>\n

Most people think of \u201cassault” as referring to a violent attack. For example, you might hear that \u201cthe gang assaulted a rival gang member on the corner of the street” or \u201cthe marines began their assault on the enemy position atop the hill.” Violence, or at least some sort of physical contact, is generally implied in the term assault.<\/p>\n

However, while state laws sometimes differ, assault torts generally don’t require that physical contact actually occur. Instead, it’s enough that they involve an intentional attempt or threat (intentional acts) to inflict injury upon a person. The person being threatened\u00a0must reasonably believe<\/a>\u00a0they will suffer harm or offensive contact with their assailant, who must have an apparent, present ability to cause the harm.<\/p>\n

Notice the words \u201cattempt” and \u201cthreat” above. In tort law, assault does not require actual touching or violence against the victim. We use another term for touching or contact:\u00a0\u201cbattery.”<\/a><\/p>\n

These are two distinct but related torts. Just as someone may commit an assault without a battery, someone also may commit a battery without an assault. For instance, a surprise attack from behind resulting in physical injury may be committed without causing the initial fear of injury.<\/p>\n

Combined Claims for Assault and Battery<\/h2>\n

You may have heard the term \u201cassault and battery<\/a>,” and in fact, these terms often appear together. This refers to a situation where both an assault (attempting to injure or threatening to injure) and a battery (actually touching someone) occur in the same incident. Often, the assault occurs immediately after the battery. For instance, right before Fred shot Jon, Jon saw Fred aiming the loaded rifle at him.<\/p>\n

Personal injury lawsuits involving physical harm may include claims for both assault and battery. If a battery (forceful contact) is traumatic enough to cause serious injuries leading to death, the lawsuit may even include a claim for\u00a0wrongful death<\/a>.<\/p>\n

If a reasonable person may be convinced that an assailant was merely acting in self-defense, they may not be liable for assault and battery (or either of the two).<\/p>\n

History of Assault Torts<\/h2>\n

The definition of assault developed in common law. This means that courts developed a working definition over the course of centuries, long before the legislatures passed statutes defining civil assault. Modern assault statutes closely reflect this older common-law definition.<\/p>\n

An assault can be both a crime and a tort. Therefore, an assailant may face both criminal and civil liability.<\/p>\n

Assault can result in criminal charges \u2014 but our focus in this article is suing in civil court. Do not confuse the intentional tort of assault with criminal assault. Assault can also have a different meaning in criminal law, where it\u00a0sometimes includes elements of battery<\/a>\u00a0(depending on the laws of your state).<\/p>\n

A\u00a0criminal assault conviction<\/a>\u00a0may result in a fine, imprisonment, or both. In a civil assault case, the victim may be entitled to monetary damages from the assailant.<\/p>\n

Civil Assault Cases: Damages<\/h2>\n

Separate from any criminal prosecution for assault, a victim may pursue civil damages for injuries caused by it. After a determination by a judge or jury that an assault was committed, the next step is to determine what\u00a0compensation<\/a>\u00a0is appropriate.<\/p>\n

Three types of damages may be awarded:<\/p>\n