Assault
Unlike assault and battery, assault does not involve physical contact. An assault occurs when someone attempts to commit a battery (physical contact) or threatens to do so immediately. Even if you don’t hit someone, just one moment of losing your temper can get you charged with a crime.
The comments that follow all discuss Massachusetts law, as it is applied in Massachusetts courts. These comments do not apply to criminal cases in federal courts, or to cases in any state other than Massachusetts. None of these general comments are legal advice for a specific situation. Any time you are charged with a crime, or have questions as to what the law says, the best course of action is to talk to a lawyer about your particular circumstances.
What do they have to prove in order to convict you of assault?
There are two ways to commit assault: an attempted battery (battery means a harmful or offensive touching), or a threat to commit an immediate battery. For attempted battery, the prosecutor has to prove three things: 1) you intended to commit a battery on the alleged victim; 2) you took some step towards committing the battery; and 3) you came reasonably close to accomplishing the battery. For immediately threatened battery, the prosecutor also has to prove three things: 1) you intended to put the alleged victim in fear of an imminent battery; 2) you took some step towards that end; and 3) the alleged victim reasonably perceived the imminent threat of a battery.
What are examples of assault?
An example of assault by attempted battery might be if you throw a punch at someone, but miss. An example of assault by immediately threatened battery might be if you tell someone you are going to hit them.
What if the victim didn’t even know there was an assault?
You can be guilty of assault by attempted battery even if the alleged victim didn’t know what happened. For example, if you throw a punch at someone from behind, and miss, but they didn’t realize you threw a punch, you can still be found guilty if other people saw it happen. You cannot be guilty of assault by immediately threatened battery unless the alleged victim knew of the threat.
Can I be charged with assault even if I never touched anyone?
Yes, a threat or attempt to harm someone can be enough to get you charged with assault.
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