Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two three or four years or in a county jail for not exceeding one year or by a fine not exceeding ten thousand dollars 10000 or by both the fine and imprisonment.
Is hitting someone's car assault. The flatbed truck then smashed into my car once then another time. A person does not necessarily need to strike someone in order to be found guilty of assault. One does not need to purposefully intend to cause injury.
An assault is any act and not a mere omission to act by which a person intentionally or recklessly causes another to apprehend immediate and unlawful violence. If jolted during a concert but does not require there to have been any injury. They sped off and on their way out they hit another car.
Thats a battery whether you hurt them or not but its not an assault if they didnt see you coming and were not afraid of getting hit. The crime of assault is defined differently from one state to another. Assault after all is a general intent crime not a specific intent crime.
Common assault or battery normally involves the unlawful touching of a person where they have not silently consented ie. Assault is often accompanied by battery. You do not have to actually hurt someone to be convicted of battery.
What is assault and battery. It could be an assault if it looked like there would be real physical harm. An example of the difference is say for example you sneak up on someone and slap them in the back of the head.
However some suspects may merely be charged with assault. 1 tries to or does physically strike another or 2 acts in a threatening manner to put another in fear of immediate harm. This isnt completely cut and dried but in my opinion striking someone with the door of a stopped vehicle is either simple assault or self-defense.