Can I be found guilty of assault with no evidence?

My wife called the police and made allegations of us hitting each other. There were no marks and the police wrote us both summons for assault based on a 911 call.

Asked on May 30, 2016 under Criminal Law, Missouri

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Assault does not require any physical contact (marks, etc.).  Assault is intentionally placing another in reasonable apprehension of an immediate battery (battery is the physical contact) without consent or legal privilege.
Therefore, if your wife was placed in reasonable apprehension of an immediate battery (harmful or offensive touching of the person of another without consent or legal privilege), that would be sufficient for a charge of assault based on her testimony.


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