Intent is an important element of any crime, including assault. Depending on the jurisdiction, intent may play a role in determining guilt or innocence. For example, self-defense could be used as a defense in an assault case where the defendant was acting in a manner necessary to protect themselves or others from harm. Intent is also an important factor when deciding whether a particular act of assault was aggravated.
Assault is an intentional act that causes another person to apprehend imminent harmful or offensive contact from the tortfeasor. This apprehension must be reasonable, meaning that it is the same as what a reasonably prudent and cautious person would believe under the circumstances. The apprehension must also be certain or likely to occur within a short period of time. The term “harmful or offensive” is defined in most jurisdictions by comparing it to the prevailing social standards of acceptable touching. It is not necessary for the apprehension to be actual contact with bodily injury, such as scratches or bruises.
Assault charges range from class A misdemeanors to class B felonies. If convicted, the penalty will depend on the severity of the offense, the amount of bodily injury or property damage and other factors. The most serious assault charge is first degree assault, a class A felony, which is charged when the offender seriously injures another with a dangerous weapon or deadly force. Other assault charges include second degree, third degree, and aggravated assault.