FAQs and Answers by a Criminal Defence Lawyer

 

Q: What must be proved to be convicted of assault?

A: In order to be convicted of assault, the prosecutor must prove beyond a reasonable doubt that you (1) did the assault, and (2) intended to do the assault.  Also, it must be proved that the act and intent was at the same time. 

Examples:

1. If you wanted to assault someone one month ago, but did nothing, then you can't be convicted of assault.
2. If you wanted to assault someone one month ago, did nothing, then today were in a car accident where they were the passenger and were hurt - as long as at the time of the accident you didn't intend to assault them, then you can't be convicted of assault.
3. If you want to assault someone today and you cause a car crash with them as your passenger hoping they would be hurt, then you could be convicted of assault because you did the assault at the same time you intended to do the assault.

That said, the prosecutor must prove both the act and intent beyond a reasonable doubt.  That means there must be practically no doubt by the judge or jury that you both commited the assault and intended to commit the assault.