Assault with Intent to Commit Murder by Kanika Bhatia

 

The definition of assault varies by jurisdiction but is generally defined as intentionally putting another person in resonable apprehension of an imminent harmful or offensive contact. Physical injury is not required.

ASSAULT AND BATTERY

In an act of physical violence by one person against another, “assault” is usually paired with battery.In an act of physical violence, assault refers to the act which causes the victim to apprehend imminent physical harm, while battery refers to the actual act causing the physical harm.

Aggravated Assault

Aggravetted assault  refers to an assault with an additional aggraveting circumstance . As such, the liability  and sentencing  for aggravated assault is generally more severe than that for an ordinary assault.

Prima Facie 

The prima facie case for “assault” has 3 components:

  1. The defendants  acts
  2. The defendant intends to cause the victim to apprehend imminent harmful contact from the defendant
  3. The defendant’s action causes the victim to reasonably apprehend such a contact

Assault with intent to commit murder is a specific intent crime. This means that the defendant is charged with intending to physically harm another and cause death. For a conviction to result at trial, the prosecutor must prove each part of the offense beyond a reasonable doubt.

First, it must be shown that the defendant tried to physically hurt another person. Next, the prosecutor must show that when the defendant assaulted the other person, he or she had―or believed to have―the ability to cause the injury. Finally, it must be proven that the defendant intended to murder the assaulted person, without circumstances that legally excused or reduced the offense.

PUNISHMENT

  • Incarceration in the state prison for a maximum sentence of 10 years
  • Imprisonment in jail for up to 2.5 years
  • A maximum fine of 73,000 rupees.

 

 

 

 

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