what is common assault

what is common assault

1 year ago 36
Nature

Common assault is an offense in English law. It is the most basic form of assault and is committed when a person intentionally or recklessly causes another person to apprehend the immediate use of unlawful violence by the defendant. The actus reus of a common assault is committed when one person causes another to apprehend or fear that force is about to be used to cause some degree of personal contact and possible injury. The apprehension on the part of the victim must have some quality of reasonableness. Common assault can include threatening words or a raised fist, and it does not have to involve physical violence. The maximum penalty for common assault is six months custody. However, it can also include an actual fear of violence, which is the crux of the offense of assault. Common assault and battery are summary offenses, which means that the matter may only be tried in a Magistrates Court, and if found guilty, have a maximum penalty not exceeding six months imprisonment or a fine not exceeding £5,000.00. A person throwing a wine bottle at another and missing will be an assault.

Read Entire Article