Vegas Lawyer
Helping People Who
Were Hurt In Nevada

Dempsey, Roberts
& Smith, Ltd.

Vegas Lawyer
Nevada Legal Help

Slip & Fall
Medical Injury
Product Defect
Other Claims
Contact Us

Las Vegas Lawyer

Vegas Injury Law

Welcome to Vegas Lawyer. This site is for people who were hurt in Nevada. Contact us for a free consultation. You may want to read the Las Vegas Personal Injury Law introduction on our home page. Also, you can get an overview of other Nevada Legal Topics before you read the Article below.

  • Common Law Assault

  • Common Law Assault

    Absent a statutory definition of assault, the courts have looked to the common law and have concluded that an "assault" is:

      An attempt with force or violence to do a corporal injury to another; may consist of any act tending to such corporal injury, accompanied with such circumstances as denotes at the time an intention, coupled with present ability, of using actual violence against the person.
    Guarro v. United States, 237 F.2d 578, 580 (D.C. Cir. 1956).

    But, of course, an assault can also be committed "merely by putting another in apprehension of harm whether or not the actor actually intends to inflict, or is capable of inflicting that harm." Ladner v. United States, 358 U.S. 169, 177 (1958). Proof of this form of assault requires establishment of a reasonable apprehension of the immediate application of force to the victim.

    Note also that a condition in an offer of violence may negate the element of apprehension. For an excellent discussion of this concept, see Watts v. United States, 402 F.2d 676 (D.C. Cir. 1968), rev'd on other grounds, 394 U.S. 705 (1969). While the conviction of assaulting a Congressman requires proof that the defendant willfully caused an offensive touching, it is not necessary to prove a more severe injury. See also United States v. Masel, 563 F.2d 322 (7th Cir. 1977), cert. denied, 445 U.S. 927 (1978) (spitting into the face). Throwing eggs at a Congressman running for President was an assault under the statute and did not constitute protected symbolic political speech. See United States v. Guerrero, 667 F.2d 862 (10th Cir. 1981), cert. denied, 456 U.S. 964 (1982).

    This information came from a
    US DOJ online article.

    *** Any law, statute, regulation or other precedent is subject to change at any time ***

    Index | Home

    Contact David Matheny, Esq. for a free consultation.

    (702) 388-1229

    Lawyer Search | Attorney Finder

    Search for more information on Vegas Law and Las Vegas Lawyers:


    Las Vegas Legal Help
    Vegas Law

    Vegas Lawyer
    Vegas Lawyers

    Index | Home

    Find A Lawyer By State | Search For Attorneys By City | Get Legal Information | Contact Us

    520 South Fourth Street, Suite 360
    Las Vegas, Nevada 89101

    Las Vegas Lawyer - Las Vegas Attorney - Las Vegas Personal Injury Lawyer

    Neither the State Bar of Nevada nor any agency of the State Bar has certified any lawyer identified here as a specialist or as an expert.  Anyone considering a lawyer should independently investigate the lawyer's credentials and ability. This site is intended for Nevada residents and those with legal issues arising under the jurisdiction of the State of Nevada.  This site does not give legal advice or create an attorney-client relationship.  Laws are different in other states and localities, consult a local attorney.

    The information in this web site is provided for informational purposes only. The information does not constitute legal advice. The use of this site does not create an attorney-client relationship. Further communication with an attorney through the web site and e-mail may not be considered as confidential or privileged. Please contact our attorneys if you wish to discuss the contents of this web site. Any laws, rules or statutes giving any information, restrictions or deadlines, are always subject to change at any time - Contact a local attorney to obtain the current status of such information.

    In the series of Articles on this site, many government PSAs and other information are excerpted. All such materials are believed to be in the public domain. If any work is protected, contact the webmaster at any of the e-mail links and the material will be taken off the site immediately.

    If you experience unusual problems with this site or discover bad links, please email the webmaster. Thank you.

    Copyright: David Matheny, 2003-2005.