Assault

Under Wisconsin law, the term assault refers to a sexual assault. Wisconsin law refers to a physical (non-sexual) assault as a battery. Please refer to the page discussing battery for more inormation about physical harm to another person.

other assault terminology explained

criminal assault

A criminal assault is the intentional infliction of apprehension of a battery or an attempted battery upon another person, depending upon the jurisdiction where the incident occurs.

In jurisdictions where criminal assault is defined as an intent to cause a person to expect a battery, the intent must exist and it must be possible for a battery to occur. The actor must have intended to do that act which resulted in apprehension (or battery), and some type of harm must have been possible. Additionally, the victim must have been aware that a battery was about to occur, the battery must have been immediately possible, and the degree of force threatened must have been to such a degree that harm would have occured if the battery had been committed. In order for the victim to have apprehension of harm, the victim must be aware that a harm may occur.

Conversely, in jurisdictions where assault is defined as an attempted battery, the victim need not be aware of the impending battery.

Aggravated Assault

An assault committed with a deadly weapon is an aggravated assault. A deadly weapon is any weapon that has the propensity to cause death, including guns and knives, as well as any other objective that is used for an unlawful purpose or in a manner that can cause death.

Simple Assault

An assault committed without a deadly weapon (or an object used in a manner that is unlawful or that makes it deadly), or not in conjunction with another criminal purpose is a simple assault.

Merger of Assault Into Battery

In all jurisdictions where an assault is an attempted battery, a completed criminal assault merges into criminal battery, and the actor is charged with one crime - battery.

A Failed Assault - Attempted Assault

If a person attempts to commit an assault, but fails, most jurisdictions will hold the attempt as a completed act. A failed attempt or the inability to complete the act is not a defense.

Under Wisconsin law, attempted murder is charged as murder, or more specifically as First Degree Intentional Homicide, Second Degree Homicide or Felony Murder.

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