attempted assault

An attempt to commit an assault; an attempted battery that has not progressed far enough to be an assault, as when a person intends to harm someone physically but is captured while or after trying to locate the intended victim in his or her place of employment.

• Traditionally, most commentators held that an attempted assault could not exist because assault was in itself an attempt to commit a crime. Many modern authorities, however, assert that an attempted assault can occur, and that it should be punishable.

— Also termed attempt to assault. See ATTEMPT TO ATTEMPT. [Cases: Assault and Battery 61. C.J.S. Assault and Battery § 82.]


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