Indirectly assaulting someone involves using another object or means other than person-to-person contact. Examples of indirect assault may include throwing a rock or spitting. These are just some of the types of actions that can be defined as assaults, there are many more that may fall into the assault category.
If the victim of the assault is a person in authority or his agent, there is a crime of direct assault. When a third party comes to the aid of authorities or an agent of persons in authority and he himself becomes the subject of the assault by the offender, an indirect assault exists.
Elements of the offense:
1) The offender makes use of force or intimidation; 2) Such acts are done upon any person coming to the aid of the authorities or their agents on occasion of the commission of any of the crimes defined under direct assault.
The Revised Penal Code (Article 148) imposes the penalty of imprisonment of prisión correccional in its medium and maximum periods and a fine not exceeding 1,000 pesos upon anyone who commits the crime of direct assault when, as in these cases, the offender lays hands upon a person in authority.
Definition: An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm.
The fine for direct assault is now set at a maximum of P200,000 from just P1,000 when the attacker uses a weapon, is a public officer, or lays hands on a person of authority. If these circumstances are not present, the fine to be paid is a maximum of P100,000, higher than the previous P500.
266 of the RPC above) which is punishable by arresto menor in its minimum (1 to 10 days) OR a fine not exceeding P5,000. An example of maltreatment is slapping a person without the motive of casting dishonor on the person.
Direct assault, a crime against public order, may be committed in two ways: first, by "any person or persons who, without a public uprising, shall employ force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition;" and second, by any person or persons who ...
Philippines. Correctional penalties: 10 years, except: Arresto mayor (imprisonment of 1 month and 1 day to 6 months): 5 years. Libel and other similar offenses: 1 year.
Direct assault is committed by any person or persons who, without a public uprising shall attack, employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties or on occasion of such performance. (
The three elements of assault are: first, that the defendant acted with required intent ; second, which arouses in the plaintiff a reasonable apprehension ; third, of an imminent battery .
Self-defense can be broken down into three elements; the immediacy of your physical force to protect yourself, your use or threatened use of no more physical force than would have appeared necessary, and your justification in the threat or use of physical force only while the danger continues.
Indirect victims are defined as the family member of a person who died or who is incompetent or incapacitated. The most common example of a family member who could qualify as an indirect victim is the undocumented parent of a U.S. citizen minor child who has been a victim of a serious crime.
Direct evidence, according to the law, is evidence that directly demonstrates a fundamental fact. In contrast, indirect evidence, also known as circumstantial evidence, is a combination of facts that, if true, permits a reasonable person to infer the fact in issue.
Evidence may be direct or circumstantial. Direct evidence is direct proof of a fact, such as testimony by a witness about what that witness personally saw or heard or did. Circumstantial evidence is indirect evidence, that is, it is proof of one or more facts from which one can find another fact.
Prescription of crime. — Crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years. Crimes punishable by other afflictive penalties shall prescribe in fifteen years.
It requires that arraignment and pre-trial be done within 10 days for detainees, and within 30 days for non-detainees. Trial proper should last only for 180 days, while the judgment should be promulgated within 90 days of terminating the trial.
Felony assaults are generally the most severe forms of assault.
A few of the most common types of assault experienced are verbal, simple, aggravated, and sexual. This is one of the most common types of assault experienced by adults in the United States. Verbal assault occurs when you are threatened verbally. Physical assault may or may not occur at the same time.
Indirect assault can be committed only when a direct assault is also being committed. To be indirect assault, the person who should be aided is the agent and not the person in authority.
If you are located within the Philippines you can visit your local NBI clearance outlet to apply for the Clearance. The NBI now has a new system available to obtain your fingerprints electronically called the NBI Biometric Clearance System.
Article 282 of the RPC holds liable for Grave Threats "any person who shall threaten another with the infliction upon the person x x x of the latter or his family of any wrong amounting to a crime[.]" This felony is consummated "as soon as the threats come to the knowledge of the person threatened."
As long as there is an alleged act that causes someone else to fear your use of immediate and unlawful violence, you can be charged with common assault. Such acts include if you have: Initiated physical contact with another person, such as slapping, punching, kicking, spitting or pushing (this is known as battery)