ABA Family Legal Guide

Personal Injury

Intentional Wrongs

What is the tort of assault?

An assault is a reasonable apprehension (expectation) of some harm that may come to you. Unlike a battery, you must know that an assault is occurring at the time it takes place. A court will look at what happened. A great deal will depend on the reasonableness of your own feelings when threatened. The court will consider whether the closeness of the physical threat subjectively should have upset, frightened, or humiliated you. Words alone usually are not enough to bring a case for assault.