criminal assault


criminal assault
An assault for which the assailant may be criminally prosecuted. 6 Am J2d Asslt & B § 8. A statute which provides that whoever unlawfully attempts to strike, hit, touch, or do any violence to another, however small, in a wanton, wilful, angry, or insulting manner, having an intention and existing ability to do some violence to such person, is guilty of an assault, and that if such attempt is carried into effect, he is guilty of assault and battery, and upon conviction shall he subject to a penalty within maximum limits, and when the offense is of a high and aggravated nature, shall be subject to a greater penalty, is merely declaratory of the common law. Bell v State, 136 Me 322, 9 A2d 129, 125 ALR 602.

Ballentine's law dictionary. . 1998.