2

This morning, on Law Stack exchange there was an item by someone which included the following comment:

A police officer detains you by issuing a command of some sort. For example, "Stop, stay here." If a citizen issues you the same command, and a "reasonable person" would consider it backed up with the same threat of force as that implied by the police, then the citizen has committed assault. If the citizen has merely obstructed your path without threatening you then they have definitely not committed assault.

Source: What power do I have as a driver if my interstate route is blocked by a protest?

Firstly, is this true in the United States? Secondly, is it true in the UK? I found this interesting summary but I don't think it quite covers the statement above.

At common law, an "assault" consists of placing someone in fear of an unwanted touching

Source: https://law.stackexchange.com/a/1226/9845

Would, for example, a stranger shouting demands at you in order to attempt to obtain compliance with those demands count as assault within the UK?

questions
  • 21
  • 1

1 Answers1

2

Yes, in both the U.K. and U.S. assault is a crime, though in many jurisdictions it is only a summary offence in its common form.

The key element of assault is the creation of an apprehension of immediate use of unlawful violence against the victim by the perpetrator.

So, for example, if an unarmed person on the other side of an insurmountable barricade shouts threats of immediate violence, they cannot be guilty of assault. (Though they may be guilty of terroristic threats, disturbing the peace, etc.).

However, if a looming person says, "Stop, or else," and a reasonable person would interpret that as threat of imminent battery for failure to comply with the unlawful demand, then that meets the standard definition of assault.

feetwet
  • 22,409
  • 13
  • 92
  • 189