An attack is an action that causes physical damage or unwanted physical contact to a person or, within certain legal definitions, threats or attempts to commit such action. This is a crime and error and, therefore, may result in criminal and/or civil liability. In general, the definition of common law is the same in criminal law and lawsuits.
Traditionally, the common legal legal system has separate definitions for attacks and batteries . When these differences are observed, the battery refers to actual body contact, while attacks refer to credible threats or attempts to cause the battery. Some jurisdictions combine two violations into attacks and batteries , which are then widely referred to as "attacks". The result is that in many of these jurisdictions, attacks have been carried out on a definition that is more in line with the traditional battery definition. The civil law legal system and Scottish law never differentiate attacks from batteries.
The legal system generally recognizes that attacks can vary greatly in severity. In the United States, assault may be imposed as a minor crime or a crime. In England and Wales and Australia, it can be imposed as one of the usual attacks, attacks that cause real physical damage (ABH) or severe physical damage (GBH). Canada also has a three-tier system: assault, attacks that cause physical damage and aggravated attacks. Separate charges usually exist for sexual assault, affray and attack a police officer. Assault can overlap with criminal efforts; for example an attack may be imposed as an assassination attempt if committed in order to kill.
Video Assault
Related definitions
Battery
Assault usually accompanies the battery if the attacker threatens to make unwanted contacts and then performs this threat. See general assault. The elements of the battery are (1) the act of will (2) carried out for the purpose of causing harmful or offensive contact with another person or under circumstances where the contact is substantially inevitable and (3) causing the contact. So throwing a stone at someone for the purpose of hitting it is a battery if the stone actually attacks the person, and is an attack if the stone misses.
Severe attack
Severe attacks are, in some jurisdictions, stronger forms of attack, usually using deadly weapons. Someone has done an aggravated attack when the person tries to:
- causes serious bodily injury to others with deadly weapons
- have sex with someone who is under the age of consent
- cause physical damage by carelessly operating a motor vehicle during a road rage; often referred to as motor vehicle attacks or attacks aggravated by motor vehicles.
Severe attacks can also be alleged in cases of injured trial against police officers or other civil servants.
Maps Assault
Defense
Although the proper range and application of defense varies between jurisdictions, the following is a list of defenses that may apply to all levels of attack:
Approval
Exceptions exist for covering unsolicited physical contacts that amount to normal social behavior known as de minimis damage. Assault can also be considered in cases involving spitting, or exposure of unwanted body fluids to others.
Approval may be a complete or partial defense against attack. In some jurisdictions, especially the UK, it is not a defense where the level of injury is severe, as long as there is no good reason that is legally recognized for the attack. This can have important consequences when dealing with issues such as consensual sadomasochistic sexual activity, the most important case being the Spanner Operation case. Reasons that are legally recognized for approval include operations, activities in the rules of the game (mixed martial arts, wrestling, boxing, or contact sports), body jewelry ( R v Wilson [1996] Crim LR 573) , or rough play ( R v Jones [1987] Crim LR 123). However, any activity outside the rules of the game is not legally recognized as a defense agreement. In Scottish law, consent is not a defense for assault.
Arrests and other official actions
Police officers and court officials have the general power to use force for the purpose of making arrests or generally carrying out their official duties. Thus, a court officer who owns the goods under a court order may use force if necessary.
Punishment
In some jurisdictions like Singapore, corporal punishment is part of the legal system. The officers who administer the punishment have immunity from prosecution for assault.
In the United States, United Kingdom, Australia and Canada, corporal punishment given to children by their parent or legal guardian is not considered a legal attack unless it is considered excessive or unreasonable. What constitutes "reasonable" varies in both the law and the law of the matter. Unreasonable physical punishment may be imposed as an attack or under separate legislation for child abuse.
Many countries, including some US states, also allow the use of physical punishment for children in schools. In English law, s.Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Ã, Child Act 2004 restricts the availability of legitimate defense correction for general attacks under s.
Crime Prevention
This may or may not involve self-defense in that regard, using a reasonable level of power to prevent others from committing crimes may involve preventing attacks, but may prevent crimes that do not involve the use of personal violence.
Defense property
Some jurisdictions allow the power to be used in defending property, to prevent damage either in its own right, or under one or both of the previous defense classes in threat or attempts to damage property can be considered a crime (in English law, under s5 Criminal Damage Act 1971 , it is arguable that the defendant has a valid reason for damaging property during defense and defense under the Criminal Law S3 1967) which is subject to the need to prevent citizens and overdo it. help yourself. In addition, some jurisdictions, such as Ohio, allow residents in their homes to use force while expelling intruders. The inhabitants just need to confirm to the court that he feels threatened by the presence of the intruder.
This defense is not universal: in New Zealand (for example) homeowners have been convicted of assault for attacking robbers.
Regional details
Canada
Assault is a violation under s. 265 of the Canadian Criminal Code. There are different types of attacks that can occur. Generally, an attack occurs when a person directly or indirectly imposes force intentionally on another person without their consent. This can also happen when someone tries to apply that power, or threatens to do so, without the consent of others. Injuries need not happen for an attack to be done, but the forces used in the offensive must be offensive in order to apply force. This can be an attack to "knock", "pinch", "push", or direct other small actions against others, but the unintentional application of force is not an attack.
Potential penalties for assault in Canada vary depending on the manner in which fees are incurred through the court system and the type of attack carried out. The Criminal Code defines the attack as a double offense (an alleged offense or summary). Police officers may arrest a person without warrant for an attack if there is a public interest to do so even though S.495 (2) (d) of the Code of Conduct. This public interest is usually met by preventing the continuation or repetition of offenses in the same victim.
Some variations of common offensive crimes include:
- Assault: Violation is defined by section 265 of the Code.
- Attack with weapons: Section 267 (a) Code of Conduct.
- Attacks that cause physical damage: See attacks that cause physical damage Section 267 (b) of the Code.
- Severe attack: Section 268 of the Code.
- Attacking a peacekeeping officer, etc.: Section 270 of the Code.
- Sexual assault: Section 271 of the Code.
- Sexual assault with a weapon or threat or causing physical harm: Section 272 of the Guidelines.
- Sexually aggravated sexual abuse: See aggravated sexual violence.
One can not approve of an attack with a weapon, an attack that causes physical damage, aggravated aggression, or any sexual assault. Consent will also be attenuated if two people agree to a fight but serious physical damage is intended and caused (Rv Paice; R v Jobidon). One can not agree on serious physical harm.
India
The Indian Penal Code includes the punishment and type of assault in Chapter 16, sections 351 to 358.
Anyone who makes any move, or any preparation that intends or knows of the possibility that such action or preparation will cause anyone present to arrest that he who made the movement or preparation will use the criminal power to that person, said to carry out the attack.
The code further explains that "mere words are not the same as assault, but the words one uses can signal or preparation like that which may make the movement or preparation an attack." Assault in Indian criminal law is an attempt to use the power of criminals (with the criminal power described in s.350). The effort itself has been made a violation in India, as in other countries.
Nigeria
The Criminal Code (Chapter 29 Part V; sections 351 to 365) creates a number of offense violations. Assault is defined by section 252 of the Act. Assault is a crime that can be penalized for one year in prison; assault with "the intent to possess the worldly knowledge of him or her" or other indecent assaults, or who commit other serious attacks (as defined in the Act) are guilty of a crime, and longer prison sentences are provided for.
Pacific Islander
Marshall Islands
The violation of an attack was created by section 113 of the Criminal Code. A person is guilty of this offense if he offers or tries unlawfully, by force or violence, to attack, beat, injure, or injure the body, others.
Republic of Ireland
Part 2 of Non-Fatal Violation of the Person Act 1997 creates a violation of assault, and section 3 of the Act creates a violation of an offensive that causes harm.
South Africa
The law of South Africa does not draw the distinction between attack and battery. Assault is a common law crime defined as "illegally and deliberately applying force to others, or inspiring the belief that others who force it are immediately applied to it". The law also recognizes the crime of attacks with the intention to cause painful bodily harm, in which serious injuries suffered are defined as "a danger which in itself is such a serious disruption to health". Common law crimes of indecent assault have been revoked by Criminal Law (Sexual Abuse and Related Matters) Amendment of the Act, 2007, and replaced by legal offenses of sexual harassment .
United Kingdom
- Violent piracy
- Part 2 of Piracy Act 1837 states that it is a violation, inter alia, for a person, intending to commit or at or before or immediately after committing a hijacking crime in respect of any ship or ship, to attack, with the intent to commit murder, anyone who is on board or owned by the ship or ship.
- Assault on Revenue and Customs officers
- This violation (associated with HMRC officers) was made by section 32 (1) of the Commissioner for the Revenue and Customs Act 2005.
- Attacking immigration officers
- This violation was made by section 22 (1) of the Royal Borders Act of 2007.
- Attack accredited financial investigators
- This section was created by section 453A of the Result of Crime Act 2002.
- Attacked members of an international joint investigation team
- This violation was made by section 57 (2) of the Serious Organized Crime and Police Act 2005.
- Attack on an internationally protected person
- Section 1 (1) (a) of the International Protected Persons Act 1978 (c.17) makes provision for assaults that cause apparent physical harm or injury to a "protected person" (including the Head of State).
- Attacks on UN Staff Staff
- Section 1 (2) (a) of the United Nations Personnel Act of 1997 (c.13) makes provision for injury resulting in injury, and article 1 (2) (b) makes provision for assault causing physical harm in fact, at the UN staff.
- Attack by the person who committed the violation under the 1828 Hijacking Act
- This violation was made by section 2 of the Night Poaching Act 1828.
Abolished Offenses:
- Attacks on customs and excise officers, etc.
- Section 16 (1) (a) of the Customs and Excise Management Act 1979 (c.2) provided that it is an offense for, among other things, to attack persons who duly perform any duties or duties of any force imposed or provided to it by or under the application of the matter in question, or any person acting in its assistance. For the meaning of "attack" in these terms, see Logdon v. DPP [1976] Crim LR 121, DC. This violation was removed and replaced by the Commissioner for the Revenue and Customs Act 2005.
- Attacking a designated person under section 43 of the Organized Crime and Serious Police Act 2005
- This violation was made by section 51 (1) of the Serious Organized Crime and Police Act 2005. It was related to officers of the Serious Organized Crime Agency and was revoked when the agent was abolished.
England and Wales
British law provides two offense offenses: general attacks and batteries. Assault (or a general attack) is committed if a person deliberately or carelessly causes another person to catch an immediate and illegal personal violence. Violence in this context means any unlawful touch, although there is some debate about whether that touch should also be hostile. Confusingly, the terms "assault" and "general attack" often include separate violations of the battery, even in legal settings such as s 40 (3) (a) of the 1988 Criminal Justice Act.
A common offensive is an attack that does not have the aggravating features that Parliament considers serious enough to get a higher sentence. Section 39 of the 1988 Criminal Justice Act states that general attacks, such as batteries, can only be found in court judges in England and Wales (unless they are related to more serious offenses, which can be found in the Crown Court). In addition, if a Defendant has been sued for indictment with an attack that caused a real physical loss (ABH), or an aggravated racial/religious attack, the jury in the Crown Court may free the Defendant from a more serious offense, but still punish the same person. attack if a common attack has been found.
Severe attacks
Attacks aggravated by the scale of injuries inflicted may be imposed as a violation that causes "actual body damage" (ABH) or, in the most severe cases, "severe body damage" (GBH).
- Assault causes actual physical damage
- Violations were made by section 47 of Violations against Person Act 1861.
- Causes painful physical damage
- Also referred to as "dangerous injuries" or "unlawful sores". This violation was made by section 20 of the Breach of Person Act 1861.
- Causes painful body damage with intention
- Also referred to as "wound with intent". This violation was made by section 18 of the Breach of Person Act 1861.
Other aggravated allegations of aggression refer to attacks committed against specific targets or with a specific purpose:
- Assault with a view to rob
- The penalty for attack with the intention to rob, a breach of general law, is provided by section 8 (2) of the 1968 Theft Act.
- Racial or religious worse attacks
- This violation was made by section 29 (1) (c) of the Crime and Disorder Act 1998.
- Racially or religiously aggravated assaults that cause real physical injuries
- This violation was made by section 29 (1) (b) of the Crime and Disorder Act 1998.
- Assault with the intent to withhold capture
- Violation of the attack with the intent to refuse the arrest was made by section 38 of Violations against Person Act 1861.
- Attacking a policeman in the performance of his duties
- Section 89 (1) of the 1996 Police Act states that it is an offense for a person to attack:
- a policeman acting in the performance of his duties; or
- someone helps a policeman in the execution of his duties.
- Attack a traffic attendant
- This violation was made by section 10 (1) of the Traffic Management Act 2004.
- Attack a designated or accredited person under section 38 or 39 or 41 or 41A of the Police Reform Act of 2002
- This violation was made by article 46 (1) of the 2002 Police Reform Act. The sections relate to persons who were granted police powers by a police chief, a detention contractor held by police, an accredited contractor under public safety accreditation schemes, and measuring and measuring inspectors.
- Assault on prison officers
- This violation was made by section 90 (1) of the Criminal Justice Act 1991 (c.53).
- Assault on safe training center detention officers
- This violation was made by section 13 (1) of the Criminal Justice and Public Order Act 1994 (c.33).
- Assault on the officer who saved the accident
- This violation was made by section 37 of Breach of Person Act 1861.
- Attacking an officer in court
- This violation was made by section 14 (1) (b) of the County Courts Act 1984.
- Cruelty to people under sixteen
- Part 1 (1) of the Child and Youth Act of 1933 states that it is a violation for a person who has reached the age of sixteen, and who has responsibility for the child or young person under that age, for, other matters, intentionally attacking a child or young person, or causing or acquiring the child or young person to be attacked, in a way that may cause him or her to suffer or unnecessary injury to health.
- Sexual harassment
- Violations of sexual violence made by section 3 of the 2003 Sexual Assault Act. This is not defined in the case of a breach of public assault or battery. Instead requires a deliberate touch and a lack of reasonable belief in consent.
Scotland
In Scottish Law, an attack is defined as "an attack on others". There is no difference made in Scotland between attack and battery (which is not a term used in Scottish law), although, as in England and Wales, attacks can occur without physical attacks against others, shown in Atkinson v. HM Advocate where the defendant was found guilty of attacking a shop assistant simply by jumping over a table wearing a ski mask. The court said:
[A] n attacks can be formed by enough threatening motions to generate alarms
Scottish law also provides more serious allegations against aggravated attacks based on factors such as injury severity, weapon use, or Hamesuken (to attack a person in his own home). The mens rea for assault is only "malicious intent", even though this has been withheld means nothing more than the attack "can not be done accidentally or carelessly or negligently" as enforced in the Reference Lord Advocate No. 2 of 1992 where it is found that "hold-up" in a store is justified as a joke is still a violation.
It is a separate offense to attack a policeman in the performance of his duties, under Section 90, Police and Fire Reform (Scotland) Act 2012 (formerly Section 41 of the Police (Scotland) Act 1967) stating that it is a violation for a person to, inter alia , attacking a policeman in the execution of his duties or someone who helps a policeman in the performance of his duties.
Northern Ireland
Some offense attacks exist in Northern Ireland. Violation of Person Act 1861 creates a violation:
- General attacks and batteries: summary violations, under section 42;
- Heavy attacks and batteries: summary violations, under section 43
- General attack: under section 47
- Assault causes actual physical damage: in section 47
The Criminal Judgment Law (Other Provisions) (Northern Ireland) 1968 creates the infringement:
- An attack with intent to refuse arrest: under section 7 (1) (b); this violation was previously made by s.38 of OAPA 1861.
The Act had previously created a 'Attack on a police officer in the execution of its duty'. under section 7 (1) (a), but that part has been replaced by article 66 (1) of the Police Act (Northern Ireland) 1998 (c.32) which now provides that it is a violation for a person to, other things, attack a police officer in the execution of his duties, or someone who helps a policeman in the execution of his duties.
Australia
The term 'assault', when used in law, usually refers to general attacks and batteries, although two violations remain different. General attacks involve intentionally or recklessly causing a person to catch an imminent punishment from an unlawful force, while the battery refers to the actual suffering of power.
Each country has laws relating to acts of assault, and violations of acts that are sound heard in the country's Magistrates Court or alleged offenses may be heard in the District or State Supreme Court. The law defining the attacks of each state outlines what constitutes an attack, where the attack is divided into laws or criminal codes, and penalties that apply to violations of attacks.
In New South Wales, the 1900 Crimes Act defines violent attacks that are considered more serious than ordinary attacks and which attract more severe penalties. These include:
Attacks with further specific intentions
- Actions are taken on people with intent to kill
- Injured or bodily injuries
- Uses or has weapons against arrest
Assault causes certain injuries
- The actual physical damage - this term is not defined in the Criminal Code , but the case law shows actual physical damage may include injuries such as bruises and scratches, as well as psychological injuries if injury inflicted more than temporary (injury not necessarily permanent)
- Injuries - where there is skin damage;
- Malignant body damage - which includes fetal destruction, permanent or serious falsification, and painful disease transmission
United States
In the United States, an attack can be defined as an attempt to perform a battery. However, the crime of an attack may include actions where no battery is intended, but the defendant's actions continue to create a reasonable fear in others that the battery will occur.
Assault is usually treated as a minor offense and not as a crime (except involving law enforcement officials). The more serious crimes of an aggravated assault are treated as a crime.
Four elements are required by law:
- Real ability, now to execute;
- Violating efforts;
- For violent injuries;
- Above all else.
Simple attacks can be distinguished without the intention of injury to others. Violation of a person's personal space or touching in a manner that the victim deems inappropriate may be a simple attack. In general law states that attacks are not done only by, for example, cursing others; without a battery threat, there will be no attacks.
As criminal law develops, the one element is weakened in most jurisdictions so that a reasonable fear of bodily harm will suffice. These four elements were eventually codified in most states.
The law of assault varies by country. Since every country has its own law, there is no universal attack law. Stories that are classified as attacks in one state can be classified as battery life, threatening, intimidating, frivolous harm, etc. In another state. Modern American laws can define attacks including:
- an attempt to cause or willfully, consciously, or recklessly causing injury to another
- negligently causing injury to another with a dangerous weapon (attacking with a deadly weapon).
- cause physical damage by reckless motor vehicle operations (motor vehicle attack).
- threatens others in a threatening way.
- consciously causing physical contact with others who know others will regard the contact as offensive or provocative
- cause unconsciousness, unconsciousness, or physical injury by knowingly administering a drug or substance under supervision without consent
- intentionally or intentionally causing reasonable fear of bodily injury elsewhere
- any action intended to put the other party in fear of direct physical contact that will hurt, hurt, humiliate, or offend, coupled with a real ability to carry out the action.
The law on assault differs significantly from one state to another as exemplified below.
In Tennessee, the attack is defined as follows:
39-13-101. Attack.
In Kansas, the law on assault states:
Assault deliberately puts others in a reasonable sense of the immediate danger of the body.
North Dakota Law states:
Simple attack.
- A person is guilty of an offense if the person:
The state varies on whether it is possible to conduct an "attack attempt" as it may be considered a double offense.
In some states, approval is a complete defense to attack. In other jurisdictions, collective agreements are incomplete defenses, with the result that violations are treated as minor mild violations.
In the New York State attack as defined in the New York Article 120 Criminal Code, requires actual injury. Other countries define this as a battery. No battery crime in New York. The immediate threat of injury without physical contact in New York is called threatening. New York also has a special law against hazing when the threat is made as a requirement to join the organization.
Furthermore, the crime of assault generally requires that both the offender and the victim of an attack are human. Thus, there is no attack if an ox gore man. However, Unwanted Violence Victims Act of 2004 treats the fetus as a separate person for the purpose of attack and other violent crimes, in certain limited circumstances. See H.R. 1997/P.L. 108-212
Some examples of possible defense, mitigating circumstances, or failure of proof are:
- A defendant may argue that because he is drunk he can not form a specific intention to attack. This defense will most likely fail because only deliberate poisoning is accepted as a defense in most American jurisdictions.
- A defendant may also deny that he or she is engaged in a consensual behavior together.
Ancient Greek
Assault in Ancient Greece is usually called pride. Contrary to modern usage, the term does not have the extended connotation of overpowering pride, self-confidence or arrogance, often resulting in fatal retaliation. In Ancient Greece, "pride" refers to actions that, intentionally or not, embarrass and embarrass the victim, and often the perpetrator. It is most evident in powerful and powerful public and private actions.
Violations of the law against pride include, what today will be called, attacks and batteries; sexual crimes ranging from forced rape of women or children to consensual but inappropriate activity; or theft of public or sacred property. Two famous cases are found in the speeches of Demosthenes, a prominent statesman and orator of ancient Greece. These two examples occurred when first, Meidias hit Demosthenes in the face at the theater (Against Meidias), and the second when (in Against Konon) a defendant allegedly attacked a man and crowed over the victim.
Hubris, though not specifically defined, is a legal term and is considered a crime in classical Athens. It is also considered the greatest sin of the ancient Greek world. That is so because not only is proof of excessive pride, it also results in acts of violence by or to those involved. The category of action that became arrogant to the ancient Greeks seemed to extend from the original specific reference for mutilation of a corpse, or an insult to a defeated, or disrespectful, "outrageous" enemy, in general.
This meaning is ultimately generalized further in the use of its modern English to be applied to an act of exaggeration or pride that does not respect the basic moral law. Such acts may be referred to as "acts of arrogance", or those who take such action can be said to be hubristic. Ata, Greece for 'ruin, ignorance, delusions', is the act of the hero, usually because of his arrogance, or great pride, leading to his death or fall.
Important for this definition is the ancient Greek concept of honor (team?) And shame. Team concept? not only include the glorification of someone who receives honor, but also embarrasses the person overcome by the act of pride. The concept of honor is similar to a zero-sum game. Rush Rehm simplifies this definition to contemporary concepts of "irreverence, contempt, and excessive violence".
See also
- Affray
- Assault (tort)
- Battery (crime)
- General attack
- Domestic violence
- Gay bashing
- Hates crime
- Mayhem
- Misdemeanor
- Breach of Person Act 1861
- Rape
- Sexual harassment
- Street fighting
- Terrorist threat
Note
References
-
Baker, Dennis; William, Glanville. Criminal Justice Handbook . London, Sweet & amp; Maxwell. chapter 9
External links
- Guide to non-fatal violations of that person
- H.R. 1997/P.L. 108-212 Acts of Violence Victims Not Worked in 2004
- IPC Chapter XVI (Mobile-Friendly)
Source of the article : Wikipedia
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