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What Do Cops Consider An Assault On Someone?

Article by Justinger Gertner

An assault is considered to happen when a person touches another when that another person is not willing to get touched. An attack ranges from touching someone’s shoulder to a face provided there was no consent in the person, who was touched at the time once the contact occurred.

One of the most vital thing is not the power of push applied, in case your touch was permitted and if it absolutely was intentional. Any act like a gesture or an action due to which one could feel reasonably offended or harmed qualifies for an assault. For this particular an assault to happen, there is no need for the act of touching to occur. If a person is pointing his/her finger towards the face of some other person and if that other person feels that he/she will be assaulted, an assault is said to have occurred.

When a person wears or carries a noticeable weapon, halts other person, begs to them or begins harassing them, an assault is said to take place. Criminal codes in most countries explain the term weapon as an object that a person uses or intends to use to harm someone, to frighten him/her or to kill. The weapons may be knives, guns and other such things.Intention:

A person must intend to touch or alarm other person for the occurrence of an assault. If a person accidentally bumps into someone without an intention of doing so, it cannot be termed as an assault. In addition, if a person is waving his/her finger at somebody else without an intention of alarming him/her, then an assault is not said to have taken place.

Consent:

In the case of occurrence of an assault, the person who was touched should not have consented for that act of touching. Consent is a vital part in several activities where touching is involved. For instance, in the game of hockey, players consent to each other that touching will take place during the game. Therefore, in case a hockey player is injured by any other player, then the other player is not said to have committed an act of assault, since the injured player had consented playing a game that would include a risk of being injured or hurt. If the injuries take place outside a normal game of hockey, then an assault might have taken place.

Consent isn’t said to be given in the next cases:

1. If the assaulter lies to the victim about his/her identity to gain consent2. If the accused abuses his/her authoritative position in order to get the consent of the victim.

Drunkenness:

If the assaulter was drunk and if he commits the act on purpose, he/she cannot be pardoned simply because he/she was drunk

Self Defense:

In case there is self-defense, an individual is permitted to use force, which is justifiably required to prevent an assault. An extra level of physical aggression isn’t justified.

Nature of Assaults:

If the assault is trivial, causes serious physical injuries or damage to the victim or is of sexual nature, then the assaulter can be punished.

Cops consider that an assault has occurred as per the above given cases.

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