Assault

The laws prohibiting assault protect the interest in freedom from apprehension of a harmful or offensive contact with the person, as distinguished from the contact itself. No actual contact is necessary; the plaintiff is protected against a purely mental disturbance of this distinctive kind. 

The damages recoverable for assault are those for mental disturbance, fright, humiliation, as well as any physical illness that may result from them. Because assault usually arises out of the worst intentions, punitive damages (money judgments designed to punish defendant) may be awarded.

Any act that would excite an apprehension of a battery may constitute assault. For example, to shake your fist at another’s nose, to aim a weapon at someone, or to chase someone in a hostile manner are all assaults. Mere words, however violent, do not amount to assault. There must be some overt act to accompany the hostile words in order to have a claim for assault.

To establish a claim for assault, the plaintiff must prove all of the following:
1. That defendant acted, intending to cause harmful [or offensive] contact;
2. That plaintiff reasonably believed that [he/she] was about to be touched in a harmful [or an offensive] manner;]
2. [or]

[1. That defendant threatened to touch plaintiff in a harmful [or an offensive] manner;
2. That it reasonably appeared to plaintiff that defendant was about to carry out the threat;]
3. That plaintiff did not consent to defendant’s conduct;
4. That plaintiff was harmed; and
5. That defendant’s conduct was a substantial factor in causing plaintiff’s harm.

Note that a touching is offensive if it offends a reasonable sense of personal dignity; Words alone do not amount to an assault.