In criminal and tort law, an act, usually consisting of a threat or attempt to inflict bodily injury upon another person, coupled with the apparent present ability to succeed in carrying out the threat or the attempt if not prevented, that causes the person to have a reasonable fear or apprehension of immediate harmful or offensive contact. No intent to cause battery or the fear or apprehension is required so long as the victim is placed in reasonable apprehension or fear. No actual physical injury is needed to establish an assault, but if there is any physical contact, the act constitutes both an assault and a battery. 2 In criminal law, in some states, the term includes battery and attempted battery. 3 Any attack. 4 v. The act of inflicting bodily injury upon another. See also mayhem.