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Pointing an unloaded gun at a victim to frighten the individual is not considered an aggravated assault. A defendant adjudged to have committed civil assault is liable for damages.
At Common Law, an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact.
An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm.
In all cases, intent to kill or harm is irrelevant.
In criminal law, the attempted battery type of assault requires a Specific Intent to commit battery.
An intent to frighten will not suffice for this form of assault.