Legal Question in Civil Litigation in California

Re: assault

in a nutshell, a tortious assault is an intentional, volitional act which causes apprehension to another without consent or privilege. a criminal assault can also be an "attempted battery" of another without consent or privilege. if you would like further legal assistance, feel free to email me directly.

Re: assault

The penal code section defining assault is set forth below. The same definition applies to assault in a civil case.

240. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

Re: assault

Assault occurs when one intentionally does something that causes another apprehension of immenent harmful or offensive touching. Assault is like an attempted battery.

For example, if you are having an argument with someone and he raises his fist and charges against you, that may be assault provided you felt imminent threat of being attacked, even though he did not hit you.

Conversely, if he were to do the same act while you were walking away from him, and did not see what he did, then that will not be assault. The key is his unlawful, willful attempt to cause a harmful or offensive touching without privilege.