MBE Rules · Criminal Law
Assault Theories
Assault — two theories
The rule
Criminal assault is either attempted battery (specific intent, present ability in some states) or intentionally placing another in reasonable apprehension of imminent harm; conditional threats can qualify.
In plain English
Criminal assault can occur in two main ways: either by attempting to cause physical harm to someone (attempted battery) or by intentionally making someone fear that they are about to be harmed. In some jurisdictions, even a conditional threat can be considered assault if it creates a reasonable fear of imminent harm.
Worked example
During a heated argument, Alex raises his fist and says, 'If you don't leave me alone, I'll hit you!' Jamie, feeling threatened, steps back in fear. Here, Alex's actions and words create a reasonable apprehension of imminent harm, constituting assault.
Memory hook
Assault is all about fear or an attempt to hit!
The trap
Exams often include scenarios where the distinction between attempted battery and creating apprehension is blurred, leading students to misidentify the type of assault. Watch for conditional threats that may still qualify as assault.
How examiners test it
Questions typically present a scenario involving a confrontation, requiring candidates to analyze whether the defendant's actions or words meet the criteria for assault under the two theories.
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