Common assault is where one person assaults another but doesn't cause bodily harm. Assault is a serious crime that could result in jail time, probation or large fines depending on the judge or court officials. Common Assault Actions You can be arrested by a police officer if you struck or applied force to another person, which was shown to be intentional or reckless. The touch or force must be without consent and without an excuse under the law. While the police might not arrest you if you lightly touch someone else, if enough force was put behind the contact, the police could arrest you for common assault. Kicking, punching or hitting someone else would be considered assault since it can cause bodily harm. Some people might be surprised to discover that spitting on a person is considered common assault. It's considered …show more content…
For a charge of common assault, the person who was convicted could be sentenced up to 2 years in jail. Common Assault Defenses Self Defense This law in court claims that the person isn't responsible for the offence because they were defending themselves either from another person, protecting their liberty or the liberty of another or protecting property from theft or damage. It might be self defense if the person were trying to prevent criminal trespass on their property too. When the defense raises the issue of self defense, it is on the prosecution to prove that the person who was accused wasn't acting in self defense. Accident The prosecution has to prove that the defendant acted out the assault with the intent of harming another person. In some cases, the resulting harm might not have been intentional. The defense can raise the issue of an accidental touch as not being voluntary. If a person lacks the intent to harm another, it would not constitute assault.