California First-Year Law Students' Exam (Baby Bar) — MCCriminal LawEasy
A client, a disgruntled former employee, sends a series of anonymous threatening emails to his former boss, stating, 'I'm coming for you.' The boss is genuinely fearful and believes the threats are credible, but the client has no actual intention of carrying out the threats and is merely trying to scare the boss. What is the client's criminal liability for assault?
- ALiable for criminal assault, as he intentionally placed the boss in reasonable apprehension of immediate bodily harm.
- BNo liability, as there was no physical contact.
- CNo liability, as he had no actual intent to harm.
- DLiable for battery, as the threats caused emotional distress.
Show answer & explanationAnswer & explanation
Correct answer: A. Liable for criminal assault, as he intentionally placed the boss in reasonable apprehension of immediate bodily harm.
Criminal assault, in many jurisdictions, is defined as an attempt to commit a battery or the intentional placing of another in reasonable apprehension of immediate bodily harm. The client intentionally sent threats that caused the boss to reasonably fear immediate harm, fulfilling the apprehension-based definition of assault, regardless of whether the client actually intended to follow through.
Why the other options are wrong
- B. Assault does not require physical contact; it can be based on apprehension.
- C. Under the apprehension theory of assault, the intent is to cause apprehension, not necessarily to inflict harm.
- D. Battery requires actual physical contact; emotional distress alone does not constitute battery.
Assault (Criminal)
An unlawful attempt to commit a battery, or an act that intentionally places another in reasonable apprehension of immediate bodily harm.
- Can be 'attempted battery' (specific intent to batter + overt act).
- Can be 'apprehension assault' (general intent to cause apprehension + act causing reasonable apprehension).
- Does not require physical contact to occur.
Memory trick: Person's peace, from threat to release.