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assault

The crime of assault varies from state to state (and under federal law), but is generally defined as intentionally putting another person in reasonable apprehension or fear of an imminent (immediate) harmful or offensive contact. The crime of assault may be committed even if there is no physical contact, as the criminal physical contact constitutes the separate crime of battery.

In West Virginia, assault is defined under state law as an attempt or threat to do bodily harm to another person, coupled with a present ability to inflict harm, which results in a reasonable fear or apprehension in the victim. The key element is the creation of fear of imminent harm, and actual physical contact is not required for an assault charge; physical contact would elevate the charge to battery. West Virginia Code §61-2-9 outlines the penalties for assault and battery, with the severity of the charges ranging from misdemeanor to felony, depending on factors such as the intent, the presence of a weapon, and the extent of injury or threat imposed. It's important to note that the definitions and penalties for assault can vary significantly between jurisdictions, and federal law may apply in certain circumstances, such as assaults occurring on federal property or involving federal employees.

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Understanding Assault vs. Battery

The distinctions between assault and battery can be nuanced, and the circumstances surrounding the incident can significantly influence the charges and potential outcomes.

State Statutes

West-Virginia State Code

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