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2. Research - if it has been said it will be on the internet. Ignorance is no longer a justifiable reason for buying the wrong thing. Take the time to research in detail everything that you could possible want to know about
3. Testimonials - don't know anybody that has bought a Assault? Wrong! If the Assault is good the internet will let you know. Use the Internet as a friend and get testimonials before you buy.
4. Questions - Got a question about Assault then search the Forums, FAQ's, Blogs etc. Don't be afraid to ask .....
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6. Returns - still worried that even after all of the above your Assault wont be what you want? Check out the returns policy. There is so much competition now that someone, somewhere is bound to offer the terms that you are comfortable with.
7. Feedback - happy with your Assault then let people know, after all you are depending on others people input in your buying decision, so why not give a little back.
8. Security - check for the yellow padlock on the Assault site before you buy, and the s after http:/ /i.e. https:// = a secure site
9. Contact - got a question about Assault, or want to leave a comment then check out the sites contact page. Reputable companies have them and respond.
10. Payment - ready to pay for your Assault, then use your credit card or PayPal! Be aware of companies that don't accept them, there may be genuine reasons but given the huge amount of choice you have when buying online there is no reason at all not to buy via credit card or PayPal.
Assault is a
crime of violence against another human. In some jurisdictions, including
Australia and
New Zealand assault refers to an act that causes another to apprehend immediate and personal violence, while in other jurisdictions, such as the
United States, assault refers only to the threat of violence caused by an immediate show of force.
Simple assaults that do not involve any Aggravation (legal concept) such as use of a deadly
weapon are distinguished from aggravated assaults in some juridictions.
Assault is often defined to include not only violence, but any physical contact with another person without their consent. In Common Law jurisdictions, including England and Wales and the USA, battery (crime) is the crime that represents the unlawful physical contact, though this distinction does not exist in all jurisdictions. Exceptions exist to cover unsolicited physical contact which amount to normal social behavior (for example, patting someone on the back): see (in England and Wales)
Collins v. Wilcox 3 All ER 374.
In most jurisdictions, the intention to cause grievous bodily harm (or its equivalent) may amount to the mental requirement to prefer a charge of
murder in circumstances where the harm inflicted upon the victim proves fatal. In England and Wales, this fact was criticised by Lord Edmund-Davies in
Cunningham AC 566.
==American jurisprudence==American
common law has traditionally defined assault as an attempt to commit a battery (crime).
Assault is typically treated as a misdemeanor and not as a felony (unless it involves a law enforcement officer). The more serious crime of aggravated assault is treated as a felony.
Four elements were required at common law:
The apparent, present ability to carry out;
An unlawful attempt;
To commit a violent injury;
Upon another.
As the criminal law evolved, element 1 was weakened in most jurisdictions so that a reasonable fear of bodily injury would suffice. These four elements were eventually codified in most states.
Modern American statutes define assault as:
an attempt to cause or purposely, knowingly, or recklessly causing bodily injury to another; or,
negligently causing bodily injury to another with a deadly weapon.
Some states also define assault as an attempt to menace (or actual menacing) by placing another person in fear of imminent serious bodily injury.
States vary whether it is possible to commit an "attempted assault" since it can be considered a double
inchoate offense.
In some states,
consent (criminal) is a complete defense to assault. In other jurisdictions, mutual consent is an incomplete defense, with the result that the misdemeanor is treated as a
petty misdemeanor.
Furthermore, the crime of assault generally requires that both the perpetrator and the victim of an assault are human. Thus, there is no assault if an ox gores a man. However, the
Unborn Victims of Violence Act treats the
fetus as a separate person for the purposes of assault and other violent crimes, under certain limited circumstances. See H.R. 1997 / P.L. 108-212
Some possible examples of defenses, mitigating circumstances, or failures of proof are:
- A defendant could argue that since he was drunk, he could not form the intention (criminal) to commit assault. This defense would most likely fail since only involuntary intoxication defense is accepted as a defense in most American jurisdictions.
- The defendants could also argue that they were engaged in mutually consensual behavior.
Aggravated assault
Aggravation (legal concept) assault is, in some jurisdictions, a stronger form of assault, usually using a deadly weapon. A person has committed an aggravated assault when that person:
- attempts to cause Grievous bodily harm to another person; or
- causes such injury purposely, knowingly, or recklessly in circumstances where the person has exhibited indifference to human life; or
- attempts or causes bodily injury to another person with a deadly weapon.
Aggravated assault is usually differentiated from simple assault by the offender's intent (i.e., to murder, to
rape etc.), the extent of the injury to the
victim's rights group, or the use of a deadly weapon, although
law definitions vary between jurisdictions. sentence (law)s for aggravated assault are generally more severe, reflecting the greater degree of harm or malice intended by the perpetrator.
General defenses to assaults
Although the range and precise application of defenses varies between jurisdictions, the following represents a list of the defenses that may apply to all levels of assault:
Consent
consent (criminal) may be a complete or partial defense to assault. In some jurisdictions, most notably
England, it is not a defense where the degree of injury is severe, as long as there is no legally recognised good reason for the assault.(RvG ref 6. 1980): see R v Brown (1993) 2 All ER 75). This can have important consequences when dealing with issues such as consensual
sadomasochism sexual activity, the most notable case being the
Operation Spanner case. Legally recognised good reasons for consent include; surgery, activities within the rules of a game (Burnes), bodily adornment (R v Wilson), or horseplay (Jones and others). However, any activity outside the rules of the game is not legally recognised as a defence of consent.
Arrest and other official acts
Police officers and court officials have a general power to use force for the purpose of effecting an
arrest or generally carrying out their official duties. Thus, a court officer taking possession of goods under a court order may use force if reasonably necessary.However in Scottish Law, consent is not a defense for assault.
Punishment
In some jurisdictions, caning and other forms of
corporal punishment are a part of the
culture. Evidently, if it is a state-administered
punishment, e.g. as in Singapore, the officers who physically administer the punishment have immunity (legal). Some states also permit the use of less severe punishment for children in school and at home by parents. In English law, s58 Children Act 2004, limits the availability of the lawful correction defense to common assault under s39 Criminal Justice Act 1988.
Self-defense
Self-defense (theory) may be defenses to liability. They usually require that force was necessary and the degree of force was reasonable.
Prevention of crime
This may or may not involve self defense in that, using a reasonable degree of force to prevent another from committing a crime could involve preventing an assault, but it could be preventing a crime not involving the use of personal violence.
Defense of property
Some states allow force to be used in
defense of property, to prevent damage either in its own right, or under one or both of the preceding classes of defense in that a threat or attempt to damage property might be considered a crime (in English law, under s5
Criminal Damage Act 1971 it may be argued that the defendant has a
lawful excuse to damaging property during the defense and a defense under s3 Criminal Law Act 1967) subject to the need to deter vigilantes and excessive self-help.
Assault in England and Wales
In England and Wales, an assault consists of a person
intentionally or recklessly causing another person to apprehend immediate and unlawful violence.Causing a person to apprehend violence can be committed by way of action or words:
Ireland AC 147. Of course, words can also mean that otherwise threatening actions are rendered not capable of being an assault, as in the celebrated case of
Tuberville v. Savage (1669 1 Mod 3, T). In that case, the Defendant told the Complainant (while putting his hand on his sword) that he would
not stab him, because the circuit judge was visiting town for the local assizes. On that basis, the Complainant was deemed to have known that he was not about to be injured, and no assault was held to have been committed.
The "immediacy" required has been the subject of some debate. The leading case, again, is
Ireland AC 147. The House of Lords held that the making of silent telephone calls could amount to an assault, if it caused the victim to believe that physical violence might be used against him in the immediate future. One example of "immediacy" adopted by the House in that case was that a man who said, "I will be at your door in a minute or two," might (in the circumstances where those words amounted to a threat) be guilty of an assault.
Section 39 of the Criminal Justice Act 1988 provides that Common Assault, like Battery, is triable only in the magistrates court in England and Wales (unless it is linked to a more serious offense which is triable in the Crown Court). Additionally, if a Defendant has been charged on an indictment with assault occasioning actual bodily harm (ABH), or racially/religiously aggravated assault, then a jury in the Crown Court may acquit the Defendant of the more serious offense, but still convict of common assault if it finds common assault has been committed.
Because common assault is a summary-only offense, its maximum penalty is 6 months' imprisonment, or a "level 5 fine" (currently up to £5,000). The "starting sentence" for a first time offender pleading guilty is normally a community penalty.
Variations of Assault in England and Wales
English law makes distinctions based on the degree of injury, between:
Furthermore, English law also provides for the offense of
grievous bodily harm (GBH). GBH may be committed by way of an assault, though an assault is not a necessary ingredient of either inflicting grievous bodily harm pursuant to s.20 of the Offenses Against the Person Act 1861 or causing grievous bodily harm with intent pursuant to s.18 of the same Act (
Ireland AC 147, per Lord Steyn at p. 160).
Racially/Religiously Aggravated AssaultIf an assault is prosecuted as being racially or religiously aggravated, then it is triable either way (in the Crown Court or magistrates court). The maximum penalty in this case is up to two years' imprisonment, or a fine of up to the statutory maximum.
Assault with Intent to Resist ArrestThe offender may intend to resist either his own or someone else's arrest. This offense is also triable either way, and punishable by up to two years' imprisonment.
Assault upon a constable in the execution of his dutyThis offense is triable only in the magistrates court, so the maximum sentence is 6 months' imprisonment. The "starting sentence," however, is a short custodial sentence, and it is considered a more serious offense than common assault.
The constable (normally a police officer) must be acting "in the execution of his duty" for this offense to be made out. If he exceeds the remit of his duty (e.g. acts unlawfully in assaulting the Defendant), the offense will not be made out.
The Defendant does not actually have to be aware that the person he is assaulting is a constable (
Forbes (1865) 10 Cox CC 362).
See also
References
External links
- Crime prevention: theory & practice
- H.R. 1997 / P.L. 108-212 Unborn Victims of Violence Act of 2004
Assault is a
crime of
violence against another human. In some jurisdictions, including
Australia and New Zealand assault refers to an act that causes another to apprehend immediate and personal violence, while in other jurisdictions, such as the
United States, assault refers only to the threat of violence caused by an immediate show of force.
Simple assaults that do not involve any Aggravation (legal concept) such as use of a deadly weapon are distinguished from aggravated assaults in some juridictions.
Assault is often defined to include not only violence, but any physical contact with another person without their consent. In Common Law jurisdictions, including England and Wales and the USA,
battery (crime) is the crime that represents the unlawful physical contact, though this distinction does not exist in all jurisdictions. Exceptions exist to cover unsolicited physical contact which amount to normal social behavior (for example, patting someone on the back): see (in England and Wales)
Collins v. Wilcox 3 All ER 374.
In most jurisdictions, the intention to cause grievous bodily harm (or its equivalent) may amount to the mental requirement to prefer a charge of murder in circumstances where the harm inflicted upon the victim proves fatal. In England and Wales, this fact was criticised by Lord Edmund-Davies in
Cunningham AC 566.
==American jurisprudence==American common law has traditionally defined assault as an attempt to commit a battery (crime).
Assault is typically treated as a
misdemeanor and not as a felony (unless it involves a
law enforcement officer). The more serious crime of aggravated assault is treated as a felony.
Four elements were required at common law:
The apparent, present ability to carry out;
An unlawful attempt;
To commit a violent injury;
Upon another.
As the criminal law evolved, element 1 was weakened in most jurisdictions so that a reasonable fear of bodily injury would suffice. These four elements were eventually codified in most states.
Modern American statutes define assault as:
an attempt to cause or purposely, knowingly, or recklessly causing bodily injury to another; or,
negligently causing bodily injury to another with a deadly weapon.
Some states also define assault as an attempt to menace (or actual menacing) by placing another person in fear of imminent serious bodily injury.
States vary whether it is possible to commit an "attempted assault" since it can be considered a double
inchoate offense.
In some states,
consent (criminal) is a complete defense to assault. In other jurisdictions, mutual consent is an incomplete defense, with the result that the misdemeanor is treated as a
petty misdemeanor.
Furthermore, the crime of assault generally requires that both the perpetrator and the victim of an assault are human. Thus, there is no assault if an ox gores a man. However, the Unborn Victims of Violence Act treats the
fetus as a separate person for the purposes of assault and other violent crimes, under certain limited circumstances. See H.R. 1997 / P.L. 108-212
Some possible examples of defenses, mitigating circumstances, or failures of proof are:
- A defendant could argue that since he was drunk, he could not form the intention (criminal) to commit assault. This defense would most likely fail since only involuntary intoxication defense is accepted as a defense in most American jurisdictions.
- The defendants could also argue that they were engaged in mutually consensual behavior.
Aggravated assault
Aggravation (legal concept) assault is, in some jurisdictions, a stronger form of assault, usually using a deadly weapon. A person has committed an aggravated assault when that person:
- attempts to cause Grievous bodily harm to another person; or
- causes such injury purposely, knowingly, or recklessly in circumstances where the person has exhibited indifference to human life; or
- attempts or causes bodily injury to another person with a deadly weapon.
Aggravated assault is usually differentiated from simple assault by the offender's intent (i.e., to
murder, to rape etc.), the extent of the injury to the
victim's rights group, or the use of a deadly
weapon, although law definitions vary between jurisdictions. sentence (law)s for aggravated assault are generally more severe, reflecting the greater degree of harm or malice intended by the perpetrator.
General defenses to assaults
Although the range and precise application of defenses varies between jurisdictions, the following represents a list of the defenses that may apply to all levels of assault:
Consent
consent (criminal) may be a complete or partial defense to assault. In some jurisdictions, most notably England, it is not a defense where the degree of injury is severe, as long as there is no legally recognised good reason for the assault.(RvG ref 6. 1980): see R v Brown (1993) 2 All ER 75). This can have important consequences when dealing with issues such as consensual sadomasochism sexual activity, the most notable case being the Operation Spanner case. Legally recognised good reasons for consent include; surgery, activities within the rules of a game (Burnes), bodily adornment (R v Wilson), or horseplay (Jones and others). However, any activity outside the rules of the game is not legally recognised as a defence of consent.
Arrest and other official acts
Police officers and court officials have a general power to use force for the purpose of effecting an arrest or generally carrying out their official duties. Thus, a court officer taking possession of goods under a court order may use force if reasonably necessary.However in Scottish Law, consent is not a defense for assault.
Punishment
In some jurisdictions, caning and other forms of
corporal punishment are a part of the culture. Evidently, if it is a state-administered
punishment, e.g. as in Singapore, the officers who physically administer the punishment have immunity (legal). Some states also permit the use of less severe punishment for children in school and at home by
parents. In English law, s58 Children Act 2004, limits the availability of the lawful correction defense to common assault under s39 Criminal Justice Act 1988.
Self-defense
Self-defense (theory) may be defenses to liability. They usually require that force was necessary and the degree of force was reasonable.
Prevention of crime
This may or may not involve self defense in that, using a reasonable degree of force to prevent another from committing a crime could involve preventing an assault, but it could be preventing a crime not involving the use of personal violence.
Defense of property
Some states allow force to be used in defense of property, to prevent damage either in its own right, or under one or both of the preceding classes of defense in that a threat or attempt to damage property might be considered a crime (in English law, under s5 Criminal Damage Act 1971 it may be argued that the defendant has a
lawful excuse to damaging property during the defense and a defense under s3 Criminal Law Act 1967) subject to the need to deter
vigilantes and excessive self-help.
Assault in England and Wales
In England and Wales, an assault consists of a person
intentionally or recklessly causing another person to apprehend immediate and unlawful violence.Causing a person to apprehend violence can be committed by way of action or words:
Ireland AC 147. Of course, words can also mean that otherwise threatening actions are rendered not capable of being an assault, as in the celebrated case of
Tuberville v. Savage (1669 1 Mod 3, T). In that case, the Defendant told the Complainant (while putting his hand on his sword) that he would
not stab him, because the circuit judge was visiting town for the local assizes. On that basis, the Complainant was deemed to have known that he was not about to be injured, and no assault was held to have been committed.
The "immediacy" required has been the subject of some debate. The leading case, again, is
Ireland AC 147. The House of Lords held that the making of silent telephone calls could amount to an assault, if it caused the victim to believe that physical violence might be used against him in the immediate future. One example of "immediacy" adopted by the House in that case was that a man who said, "I will be at your door in a minute or two," might (in the circumstances where those words amounted to a threat) be guilty of an assault.
Section 39 of the Criminal Justice Act 1988 provides that Common Assault, like Battery, is triable only in the magistrates court in England and Wales (unless it is linked to a more serious offense which is triable in the Crown Court). Additionally, if a Defendant has been charged on an indictment with assault occasioning actual bodily harm (ABH), or racially/religiously aggravated assault, then a jury in the Crown Court may acquit the Defendant of the more serious offense, but still convict of common assault if it finds common assault has been committed.
Because common assault is a summary-only offense, its maximum penalty is 6 months' imprisonment, or a "level 5 fine" (currently up to £5,000). The "starting sentence" for a first time offender pleading guilty is normally a community penalty.
Variations of Assault in England and Wales
English law makes distinctions based on the degree of injury, between:
- common assault (which includes even the most minor assault), and:
- assault occasioning actual bodily harm (ABH).
Furthermore, English law also provides for the offense of grievous bodily harm (GBH). GBH may be committed by way of an assault, though an assault is not a necessary ingredient of either inflicting grievous bodily harm pursuant to s.20 of the Offenses Against the Person Act 1861 or causing grievous bodily harm with intent pursuant to s.18 of the same Act (
Ireland AC 147, per Lord Steyn at p. 160).
Racially/Religiously Aggravated AssaultIf an assault is prosecuted as being racially or religiously aggravated, then it is triable either way (in the Crown Court or magistrates court). The maximum penalty in this case is up to two years' imprisonment, or a fine of up to the statutory maximum.
Assault with Intent to Resist ArrestThe offender may intend to resist either his own or someone else's arrest. This offense is also triable either way, and punishable by up to two years' imprisonment.
Assault upon a constable in the execution of his dutyThis offense is triable only in the magistrates court, so the maximum sentence is 6 months' imprisonment. The "starting sentence," however, is a short custodial sentence, and it is considered a more serious offense than common assault.
The constable (normally a police officer) must be acting "in the execution of his duty" for this offense to be made out. If he exceeds the remit of his duty (e.g. acts unlawfully in assaulting the Defendant), the offense will not be made out.
The Defendant does not actually have to be aware that the person he is assaulting is a constable (
Forbes (1865) 10 Cox CC 362).
See also
References
External links
- Crime prevention: theory & practice
- H.R. 1997 / P.L. 108-212 Unborn Victims of Violence Act of 2004
Assault - Wikipedia, the free encyclopedia
Assault is a crime of violence against another person. In some jurisdictions, including Australia and New Zealand, assault refers to an act that causes another to apprehend ...
ITN - assault
ITN is the world's leading independent creator of news and multimedia content.
Mind > Another assault
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In the summer of 2000, veterans of the Midland Branch of the Glider Pilot Regimental Association decided that an appropriate memorial to airborne forces would be a complete ...
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Xscape - The ultimate entertainment destination offering a unique combination of extreme sports and leisure activities for all ages.
Assault! — Home
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Definition: assault from Online Medical Dictionary
The Online Medical Dictionary is a searchable dictionary of definitions from medicine, science and technology.
Mugging and assault : Directgov - Young people
Information for young people about what to do if you're mugged or assaulted ... Website of the UK government. Please note that this website has a UK government accesskeys system.
BBC NEWS | Africa | Gaddafi son arrested for assault
A son of Libyan leader Muammar Gaddafi is released on bail in Switzerland after being charged with assaulting two servants.