assault

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An assault is the act of inflicting physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Generally, the common law definition is the same in criminal and tort law.
Traditionally, common law legal systems had separate definitions for assault and battery. When this distinction is observed, battery refers to the actual bodily contact, whereas assault refers to a credible threat or attempt to cause battery. Some jurisdictions combined the two offences into assault and battery, which then became widely referred to as "assault". The result is that in many of these jurisdictions, assault has taken on a definition that is more in line with the traditional definition of battery. The legal systems of civil law and Scots law have never distinguished assault from battery.
Legal systems generally acknowledge that assaults can vary greatly in severity. In the United States, an assault can be charged as either a misdemeanor or a felony. In England and Wales and Australia, it can be charged as either common assault, assault occasioning actual bodily harm (ABH) or grievous bodily harm (GBH). Canada also has a three-tier system: assault, assault causing bodily harm and aggravated assault. Separate charges typically exist for sexual assaults, affray and assaulting a police officer. Assault may overlap with an attempted crime; for example an assault may be charged as an attempted murder if it was done with intent to kill.

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  1. charchar22

    QLD Assaulted in Shopping Centre on Escalator With my baby

    Hi All, I'd love some advice on what to do and what the legal requirements are for shopping centres. I was shopping with my 9 month old baby (in the trolley). Heading down the escalator toward the carpark when a man slammed into me from behind pushing me into the trolley (toward my baby). As...
  2. Y

    NSW False sexual Assault Allegation

    Hi, Some one has made a false Sexual Assualt Allegation against myself for an few months old. At the moment, this is just the allegation however what could be their next steps and what could be my next steps? Can I take any proactive step or a real legal advise would be he only option? Thanks
  3. M

    NSW Attacked while walking.

    Hi Everyone, Hoping I can get some advice on an incident that occurred a few days ago, Please? (Apologies if this is in the wrong forum) As I was walking to my child's daycare, I was approached by a person, that started saying to me" why are you laughing at me?", I told this person that I was...
  4. M

    NSW Assaulted on the way to pick up my child.

    Hi Everyone, Hoping I can get some advice on an incident that occurred a few days ago, Please? As I was walking to my child's daycare, I was approached by a person, that started saying to me" why are you laughing at me?", I told this person that I was not laughing at all, just happy. He...
  5. T

    NSW child abuse question

    hi, I'm asking a question related to my experience. I'm not putting up personal info because I'm not sure what I want to do, and I want to be anonymous. I live in NSW, and 1-3 years ago one of my parents assaulted me, and left me with bruises and a black eye, and tried to choke me out until...
  6. id83

    SA aggravated assault false claim

    I have been charged with aggravated assault. There is no evidence. she claims i tried to choke her, i was remanded in custody and release on bail after 5 weeks in remand. The police put a interim intervention order in place. My children are not on the order and it says i can contact her via sms...
  7. J

    NSW Assault question

    Just trying to help someone out. A. If a person and a family member was assaulted on an earlier date. B. Then they seem the person who assaulted him a couple of days later and threatened them if you assault the family member again they will assault/hurt them. (Victims anger) C. And then a...
  8. K

    VIC DV charge on me for defending myself after being stabbed.

    Full Disclosure - Asking for a friend currently on remand for this incident. Male/Female DV. Female aggressor who did the stabbing. Male friend locked up because he defended himself but against a female...with a knife. On again/off again relationship. Friend after being hounded for weeks...
  9. T

    My friend is trying to report my sexual assault without consent, what can I do

    I was sexually assaulted when I was 16 (now I am 21), I recently opened up for the first time about this to my girlfriend, and have no interest in going through any form of legal process about this. There are other factors involved, as well as other kinds of abuse such as violent and metal (in...
  10. C

    NSW My 16year old grandson has been charged with sexual assault of a minor who is 13

    My 16yearokd grandson has been charged with sexual assault of a minor who was 13 and by law unable to give consent