MBE Rules · Criminal Law
Assault (criminal)
The rule
Criminal assault is either (1) an attempt to commit a battery (specific intent) or (2) intentionally placing another in reasonable apprehension of imminent bodily harm (general intent). Words alone are generally insufficient; some overt act is required.
In plain English
Two theories: an attempted battery (no touching needed) or a threat that puts the victim in fear of immediate harm. Aggravated assault involves a deadly weapon or intent to commit a serious felony.
The trap
Under the attempted-battery theory the victim need not be aware of the threat; under the apprehension theory the victim must actually perceive it.
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