Assault — in plain language
intentionally doing something that makes another person reasonably believe you're about to hurt them right away — even if you don't actually touch them
From a fixed, curated glossary of 7,257 legal terms. Not legal advice. How it's made: plainlanguage.us/trust
Plain language
intentionally doing something that makes another person reasonably believe you're about to hurt them right away — even if you don't actually touch them
- intentionally threatening someone
- making someone fear immediate harm
- threatening physical contact
What to watch for
- Non-lawyers assume assault requires physical contact. This is wrong — that's battery. Assault is only the threat that makes someone fear immediate harm.
- The 'reasonable apprehension' standard is often lost in translation. The victim's fear must be what any reasonable person would feel, not just the victim's personal sensitivity.
- 'Imminent' is crucial — threats about future harm don't count as assault. A plain-language translation must preserve this timing requirement.
- Assault and battery are frequently paired in contracts and complaints, but they are different legal concepts. Translators must keep them distinct rather than treating them as synonyms.
Assault vs. Battery. These are two separate crimes/torts that often occur together but have different legal meanings. Assault is the threat that creates fear of immediate harm. Battery is the actual physical contact. A plain-language translation must not blur this distinction, even though everyday English uses the words interchangeably.
What to Watch For.
- Intent requirement: The person must intend to cause fear or know that fear is substantially certain to occur. Accidentally scaring someone is not assault.
- Imminence: The threatened harm must be about to happen right away, not at some future time. A threat to hurt someone next week is not assault.
- Reasonable person standard: The victim's reaction must be what any reasonable person would experience in the same situation.
Common Misunderstandings by Non-Lawyers.
- "'Assault' means someone actually hit me." (No — that's battery. Assault is just the threat.)
- "If I didn't mean to scare them, it's not assault." (Wrong — if you knew your actions would scare a reasonable person, that's enough intent.)
- "Words alone can never be assault." (Usually true, but not always — words combined with threatening actions can create assault.)
Legal definition
Intentionally doing something that puts another person in fear of being hurt right away — even if you never actually touch them. The key elements are: you meant to cause fear, the other person actually felt afraid, and a reasonable person would have felt the same way. No physical contact is needed, which is why assault is different from battery.
Meanings by context
everyday English: In everyday talk, people say 'assault' when someone actually hits or attacks them, but legally that's called battery.
Examples
Legal: The defendant was charged with assault after raising his fist and threatening the victim, causing the victim to believe he was about to be struck.
Plain: The defendant was charged with assault after he raised his fist and threatened the victim in a way that made the victim think he was going to be hit.
Legal: The contract excludes liability for claims arising from assault, battery, or other intentional torts committed by the company's employees.
Plain: This contract says the company won't be responsible if its employees intentionally threaten someone (assault) or actually hit someone (battery).
Where you'll see it
- criminal complaints
- personal injury lawsuits
- insurance exclusions
- employment contracts
- security agreements
Related terms
- battery
- false imprisonment
- intentional tort
- reasonable apprehension
Word details
- Pronunciation
- uh-SALT
- Part of speech
- noun
- Origin
- Anglo-French — from 'assaut' — attack, onset
- Domains
- criminal law, tort law, personal injury law
- Frequency
- common
- Formality
- high
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