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In the terminology of criminal law, can brandishing a weapon constitute assault? Or is it merely a threat of assault?

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The legal definition of assault is to put someone in fear of receiving violence or unlawful force.

The infliction of violent physical force begins at battery, proceeds through actual bodily harm, and concludes with grievous bodily harm or wounding.

The mere "brandishing" of a firearm is certainly capable of being an assault if the brandishing is threatening, although there are alternative offences.

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  • some jurisdictions (US sta5es lie KY for example) define assault as the actual battery. Your definition is not universal.
    – Tiger Guy
    Commented Aug 18 at 1:10
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    @TigerGuy, that's why I tagged it as UK. The Q didn't specify a jurisdiction.
    – Steve
    Commented Aug 18 at 5:47
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This will depend on the definition of criminal assault in the jurisdiction, but in many jurisdictions, criminal assault includes acts that threaten to apply force to another person.

E.g. Canada's Criminal Code, s. 265:

A person commits an assault when

(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or

...

As a couple of examples:

  • someone was guilty of assault for brandishing a bat;
  • someone was guilty of assault for standing up with clenched fists and saying "let's go".
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In California the mere brandishing of a weapon may be a misdemeanor (CA PC 417). When brandished in front of law enforcement - becomes a felony. It is neither a "threat" nor an "assault", it's a separate crime on its own.

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No, brandishing a weapon is not a crime without reasonable belief that it could be used. If the weapon is used to place someone in reasonable fear of a battery, it is a crime.

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    I know a couple of clients who might want to hire you for an appeal
    – littleadv
    Commented Aug 17 at 16:33
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    Where is that supposed to apply? Plenty of countries where gun laws prohibit open carriage.
    – o.m.
    Commented Aug 17 at 16:46
  • @o.m. please don't be silly or foolish. How is that relavent
    – Gjg
    Commented Aug 17 at 16:48
  • @Gjg, where I live brandishing a weapon would be a crime unless I was licensed to carry it in public, which I am not (like the vast majority of my fellow citizens). That doesn't make it assault, but it makes it a crime,
    – o.m.
    Commented Aug 18 at 8:15
  • What does that have to do with anything though? That is the same for everyone. It does not make sense to bring it up.
    – Gjg
    Commented Aug 18 at 15:26

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