A defendant who holds a gun to a victim's head possesses the requisite intent, since it is substantially certain that this act will produce an apprehension in the victim.
It is marked by sudden changes in your child's interactions with you and you'll see new personality traits begin to emerge.
Here are some attitudes and behaviors to watch for: Leave me alone. When confronted and reminded of the good times you two once shared, she insists you two NEVER had a good relationship — although you know that is not true.
There can be no assault if the act does not produce a true apprehension of harm in the victim. The usual test applied is whether the act would induce such apprehension in the mind of a reasonable person. A threat made to a child might be sufficient to constitute an assault, while an identical threat made to an adult might not.
Virtually all jurisdictions agree that the victim must be aware of the danger.
We've gathered knowledgeable, dedicated divorce experts from a variety of fields to lend their advice and perspectives.
Our experts include lawyers, healthcare professionals, certified professionals, and everyday women with insight into the topics that will help you stay empowered.A mere threat to harm is not an assault; however, a threat combined with a raised fist might be sufficient if it causes a reasonable apprehension of harm in the victim. In tort law, it can be specific intent—if the assailant intends to cause the apprehension of harmful or offensive contact in the victim—or general intent—if he or she intends to do the act that causes such apprehension.In addition, the intent element is satisfied if it is substantially certain, to a reasonable person, that the act will cause the result.Generally, the common law definition is the same in criminal and Tort Law.There is, however, an additional Criminal Law category of assault consisting of an attempted but unsuccessful Battery.Statutory definitions of assault in the various jurisdictions throughout the United States are not substantially different from the common-law definition.