(a) Definitions;
(i) "Assault" is defined as the intentional act of causing another person to fear that they will be subjected to immediate physical harm. This can include threatening gestures, verbal threats, or attempts to physically harm another person.
(b) Elements;
(i) To prove assault, prosecutors typically need to establish the following elements:
(1) The defendant acted intentionally or recklessly.
(2) The defendant's actions caused the victim to have a reasonable apprehension or fear of immediate harmful or offensive contact.
(3) The defendant's actions were not justified or excused by self-defence or other legal justification.
(4) The defendant has reasonable ability to carry out threats and/or physical harm.
(ii) Assault charges may be categorized into different degrees based on the severity of the offense, the intent of the perpetrator, and the resulting harm to the victim.
(1) Simple Assault: Involves minor or moderate physical harm or the threat of harm.
(2) Aggravated Assault: Involves more serious physical harm, the use of a weapon, or assault against a vulnerable victim such as a child or elderly person.