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 former boss, stating, 'I know where you live, and I'm coming for you.' The boss becomes genuinely fearful for his safety and that of his family, installing a new security system and changing his daily routine. The client is charged with criminal assault. Which of the following elements of assault is most likely to be at issue?
- AThe victim's reasonable apprehension of bodily harm.
- BThe intent to cause apprehension of immediate bodily harm.
- CThe present ability to inflict injury.
- DThe physical contact or touching of the victim.
Show answer & explanationAnswer & explanation
Correct answer: C. The present ability to inflict injury.
Criminal assault, particularly the 'attempted battery' form or 'apprehension' form, often requires the perpetrator to have the present ability to inflict the threatened harm. Anonymous emails, while causing apprehension, might not demonstrate the immediate capacity to carry out the threat, making this a key point of contention.
Why the other options are wrong
- A. The victim's genuine and reasonable fear is explicitly stated in the scenario.
- B. The client's intent to cause apprehension is clearly demonstrated by the threatening emails.
- D. Physical contact is an element of battery, not assault, which focuses on the apprehension of harm.
Assault (Criminal Law)
Common law assault is either an attempted battery or an act that places another in reasonable apprehension of imminent bodily harm. It does not require physical contact.
- Attempted battery: Requires specific intent to commit battery and a substantial step.
- Apprehension assault: Requires intent to cause apprehension, and the victim's reasonable apprehension of imminent bodily harm.
- Requires the apparent or actual present ability to inflict harm.
- Words alone are generally not sufficient, unless accompanied by an overt act or circumstances creating apprehension.
Memory trick: Don't harm others, or you'll face legal repercussions.