An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal and/or civil liability.Generally, the common law definition is the same in criminal and tort law.There is, however, an additional criminal law category of assault consisting of an attempted but unsuccessful battery.t is both a crime and a tort and, therefore, may result in either criminal and/or civil liability. Generally, the common law definition is the same in criminal and tort law. There is, however, an additional criminal law category of assault consisting of an attempted but unsuccessful battery.
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