I. Assault

1. Definition: attempting or offering to apply physical force to another person in such a way as to cause reasonable fear in the mind of the person that the wrong will be committed. Any intentional act that is hostile or unwanted by the victim, however trivial, even a mere touch.

2. Examples: the act of shaking a stick at a person who is close enough to be hit; pointing a gun at another person (even though it is not loaded, the defendant being ignorant of this [moot]).

3. No assault: unintentional jostling in a crowd; the proper conduct of lawful sports.

4. Subjectivly: Intention or recklessness.

5. Aggravated assault: unlawful and malicious wounding; the infliction of grievous bodily harm.


II. Battery
= the actual application of force to the person of another.