{"id":353456,"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\/elements-of-assault.html"},"modified":"2023-06-30T14:45:31","modified_gmt":"2023-06-30T19:45:31","slug":"elements-of-assault","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/elements-of-assault.html","title":{"rendered":"Elements of Assault Claims"},"content":{"rendered":"\n
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Elements of Assault Claims<\/h1>\n\n
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\n By Robert Rafii, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/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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An assault occurs when someone threatens bodily harm to another in a convincing way. A person who intends to cause apprehension of imminent harm and succeeds in doing so has committed the tort of assault.<\/p>\n\n <\/div>\n\n\n\n

Assault is often followed by battery, which is an unlawful physical contact. Battery cases often involve an act of violence but also involve unwelcome sexual contact.<\/p>\n

Not all threats are considered civil assault<\/a>. To rise to the level of an actionable offense (in which the plaintiff may file suit), several main elements must be present:<\/p>\n