Assault facts for kids

An assault happens when someone threatens or tries to hurt another person. In law, this is seen as a serious action. It can be a crime, which means breaking the law, or a tort, which means a civil wrong that can lead to a lawsuit.

In many legal systems, an assault is about making someone fear they are about to be harmed. It doesn't always mean actually touching them. If someone touches or physically harms another person without permission, that's usually called battery. Sometimes, an assault is like an attempted battery that didn't quite succeed. It's important to remember that different places might use the words "assault" and "battery" in slightly different ways.

Understanding Assault in Law

Assault is a legal term that describes when a person makes another person believe they are in danger of immediate physical harm. This doesn't require any actual physical contact. The key is the threat or attempt to cause harm.

What Counts as an Assault?

For an action to be considered an assault, the person making the threat must seem like they can actually carry it out. For example, if someone shakes their fist at you and looks like they are about to hit you, that could be an assault. If they are very far away and can't reach you, it might not be.

Assault vs. Battery: What's the Difference?

It's easy to confuse assault and battery, but they are usually different in law:

• Assault is about the threat or fear of harm. It's the action that makes someone think they are about to be hurt.
• Battery is about the actual physical contact or harm. If someone actually hits you, that's battery.

Think of it this way: an assault is like the wind-up before a punch, and battery is the punch itself. In some places, the law might combine these two ideas, but it's good to know the difference.

What is Aggravated Assault?

A more serious type of assault is called aggravated assault. This usually means the assault was more dangerous or involved certain factors that make it worse.

When Does an Assault Become Aggravated?

An assault can become aggravated if:

• A weapon is used, especially one that could cause serious injury or death.
• The person being assaulted is particularly vulnerable, like a child or an elderly person.
• The assault causes serious injury.
• The assault happens during another crime.

These extra factors make the assault more serious in the eyes of the law.

Images for kids

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  1856 lithograph of the caning of Charles Sumner

See also

In Spanish: Delito de lesiones para niños