Assault Case Law: A Comprehensive Overview
Assault cases are typically prosecuted in the magistrates court. In order to be convicted of assault the defendant must cause the victim to fear that unlawful force will be applied to them.
This does not need to be direct, for example pointing an unloaded gun at someone would still amount to assault as the person has the right to expect that they will be shot.
The Mens Rea
In a criminal case, prosecutors must prove both the act committed by an alleged perpetrator (known as the actus reus) and a mental element of guilt (called mens rea) in order to convict. The concept of intent and the defendant’s state of mind at the time of committing the crime is very important to understand, and a qualified criminal defense lawyer can help explain and defend this principle.
Criminal law generally requires a higher level of mens rea for more serious crimes, such as murder. In other words, the defendant must have known that killing his or her victim was wrong and must have intended to kill. There are a few exceptions, however. For example, if a woman wished her husband to be dead and her wish is carried out, she cannot be convicted of murder because she lacked the required intention to kill him.
Mens rea is often considered the most difficult aspect of a crime to establish beyond a reasonable doubt. The reason is that it requires a subjective assessment of the defendant’s mental state at the time of committing the act, and this can be extremely difficult. In many cases, a good defense lawyer can challenge the prosecution’s mens rea argument by questioning the credibility of witnesses and examining the defendant’s mental state at the time the offense was committed.
The mens rea component of a crime is generally broken down into four categories: general intent, specific intent, recklessness and criminal negligence. A knowledgeable criminal defense attorney can explain these categories in more detail and show how they apply to different types of crimes.
When defending against charges of assault, it is important to keep in mind that intent and the mental element of culpability are crucial components of the offense. Oftentimes, an assault charge is a result of an escalating verbal dispute that may involve threats. It is essential for a criminal defense attorney to be able to demonstrate that the client did not actually intend to cause physical harm and, instead, was only acting in self-defense or to protect another person.
The Actus Reus
The actus reus is one of the two elements normally required to prove a criminal offense. It is the physical or “external” element, while the mens rea is the mental component. Criminal law distinguishes between crimes that are “committed” and those that are not committed, with the latter being classified as a tort (a civil wrong). Assault and battery are criminal torts, and their actus reus elements require unlawful touching. The actus reus must be committed by an individual, as opposed to a corporation or other entity. The actus reus can also be satisfied by an omission, in which case a person fails to act when he or she has the legal duty to do so.
An example of a crime that satisfies the actus reus is a bar fight in which someone is punched. This is a criminal act, and it is generally very easy to prove if the victim testifies that the attack was intended. In contrast, the actus reus of a tort like a car accident is more difficult to determine, because it usually results from negligent or reckless behavior.
Some cases, however, may be charged as both a crime and a tort depending on the underlying circumstances. For instance, if Fred is sleepwalking and during the dream he has of being chased by his friend Barney, he shoots him in the head. The sleepwalking does not satisfy the actus reus because it was unintentional. In other cases, an injury may seem to be accidental or unintentional, but the actus reus is still met because the individual touched the victim in a way that is unlawful under the prevailing social standards.
For instance, most jurisdictions consider it to be an assault if the defendant touches his or her victim in a way that causes the victim to apprehend imminent harmful or offensive contact. Harmful or offensive contact is defined by a variety of factors, including whether the touch is likely to offend or hurt a reasonable person and the defendant’s knowledge that the victim is especially sensitive to such contact.
The Causation
Assault is a crime of violence committed against another person. Generally, the defendant must have been able to foresee that the act they committed would cause someone else harm or injury. This is called legal causation. It asks the question “but for the defendant’s act, would the victim have suffered harm?” The answer to this questions is what determines whether or not the defendant will be found guilty of assault.
In most cases, the defendant must be able to prove that they did not actually cause physical contact with the victim. If the defendant can show that they did not cause the victim any harm, then they will be acquitted of any charges. However, if the victim is seriously injured then the defendant will likely be found guilty of aggravated assault and may face prison time.
A good defense in an assault case is to assert duress or coercion. This means that the defendant was forced to commit the attack against their will. This does not always work, but it can help reduce the amount of punishment that the defendant receives. Other common defenses include self-defense or the defense of others. Defendants can use these defenses to reduce their sentence by arguing that they were protecting themselves or others from a threat of serious harm.
Typically, the act that is considered an assault does not need to involve direct physical contact with the victim. The touch must be a sufficient level of force to cause injury, but it does not need to be felt. For example, the case of R v Thomas [1985] Crim LR 677 confirmed that touching a person’s clothes can be an assault even if it is unwanted and the force used was only slight. The same is true for spitting on people and unwanted exposure of bodily fluids.
A person who is found guilty of assault can be ordered to pay compensation to the victim. This compensation is usually a small sum of money, but in extreme cases it can be punitive damages. Victims can also bring a civil lawsuit against the tortfeasor to recover compensatory and nominal damages.
The Intent
The intent element is a crucial part of most crimes. It is what makes the crime criminal, and is what determines the degree of punishment (see Chapter 1 “Introduction to Criminal Law”). Criminal intent is also what determines whether a defendant will be charged with a misdemeanor or a felony.
To be guilty of a felony, the defendant must have had specific intent, which is harder to prove than general intent. To show specific intent, the defendant must have been aware of the likely consequences of their actions and a substantial certainty that those consequences would occur. For example, if you trespass on someone’s property and damage their chattels without permission, and you know that your action may cause a person to be injured, you have committed a felony. However, if you only intended to damage the chattels and did not actually injure the person, you have probably committed a misdemeanor.
If you assault someone, your intent must be to cause offensive contact or injury. In order for the contact to be considered offensive, it must be either harmful or abrasive. This can include spitting, biting, scratching or even kicking someone. In a civil lawsuit, the injury need not be a physical one; for instance, the emotional distress resulting from being threatened with a gun might be enough to file a claim for assault.
Assault and battery are both offences under the Criminal Code, and as such they are all required to have a mens rea and an actus reus. In addition, both offenses can be elevated to a felony by proving that the defendant intended to cause serious bodily harm or assault causing serious bodily harm. For this reason, it is important to gather as much evidence of the incident as possible and call the police right away to write a report.
If you’re going to try to file a criminal case against your assailant, the first thing that you should do is get all the names and numbers of any witnesses. Then, take pictures of the scene and any injuries that you sustained as a result of the assault. This will help you build your case when it comes to getting the charges dropped or a conviction reduced.
