California First-Year Law Students' Exam (Baby Bar) — MCCriminal LawHard
A client, a disgruntled former employee, sends a series of anonymous threatening emails to their former boss, stating, 'You'll regret what you did to me. I know where you live, and I'm coming for you.' The boss genuinely fears for their safety. The client is charged with criminal assault. Under common law, which element of assault is most likely to be at issue?
- AActual physical contact.
- BUnlawful application of force.
- CPresent ability to inflict injury.
- DIntent to cause apprehension of immediate bodily harm.
Show answer & explanationAnswer & explanation
Correct answer: C. Present ability to inflict injury.
Under common law, assault requires the present ability of the defendant to inflict injury. While the emails cause apprehension, the client's statements do not indicate an immediate, present ability to cause harm, making this element difficult to prove in court. The other options are incorrect interpretations or elements of battery.
Why the other options are wrong
- A. Actual physical contact is an element of battery, not assault.
- B. This is an element of battery, not assault.
- D. While intent to cause apprehension is an element of assault, the 'immediacy' of the harm is key and often debated in cases involving threats delivered remotely.
Assault (Common Law)
An attempted battery or an intentional placing of another in apprehension of imminent bodily harm.
- Requires intent to cause apprehension or to commit battery.
- Victim must be placed in reasonable apprehension of immediate bodily harm.
- Defendant must have the present apparent ability to inflict the harm.
Memory trick: Person's safety: Battery's a hit, Assault's a threat.