National Investigators Exam (NIE) Practice Exam

What qualifies as common assault?

1. Immediate threat of violence

2. Causing actual bodily harm

3. Psychological trauma without physical evidence

4. Only acts of battery

The correct answer is: Immediate threat of violence

Common assault is primarily characterized by the immediate threat of violence or the apprehension of such violence, even if no physical injury occurs. This includes actions that instill fear of impending harm in another person, reflecting the principle that the mere threat can be enough to constitute an assault if it causes the victim to feel threatened or fearful. The distinction is critical because common assault does not require the infliction of physical harm, which sets it apart from other forms of assault that involve actual physical injury or battery. In this context, other options describe actions or conditions that do not precisely align with the definition of common assault; for instance, causing actual bodily harm would indicate a more serious offense than common assault, psychological trauma without physical evidence can be difficult to substantiate in legal terms, and acts of battery represent direct physical contact that typically exceeds the definition of common assault. Thus, the immediate threat of violence encapsulates the essence of common assault effectively.