California First-Year Law Students' Exam (Baby Bar) — MCCriminal LawMedium
A client, a disgruntled former employee, sends a series of anonymous threatening emails to his previous supervisor. The emails state, 'I know where you live' and 'You'll regret what you did to me.' The supervisor reads the emails and experiences significant fear for his safety and the safety of his family. Which crime has the client most likely committed?
- ABattery
- BHarassment
- CFalse Imprisonment
- DAssault
Show answer & explanationAnswer & explanation
Correct answer: D. Assault
Assault, under common law, can be either an attempted battery or placing another in reasonable apprehension of imminent harmful or offensive contact. The threatening emails, causing the supervisor to fear for his safety, fulfill the apprehension requirement for assault, even without physical contact.
Why the other options are wrong
- A. Battery requires actual harmful or offensive contact, which did not occur.
- B. While the actions could be harassment, 'Assault' is a more specific and severe criminal charge that fits the elements described.
- C. False imprisonment requires unlawful confinement or restraint of movement, which did not occur.
Assault (Criminal)
Either an attempted battery or an act that places another in reasonable apprehension of imminent harmful or offensive contact.
- Can be committed without physical contact.
- Requires specific intent for attempted battery, or general intent for apprehension.
- Apprehension must be reasonable and of imminent harm.
Memory trick: Threats and touches, keep your hands off others' space.