A man swings a baseball bat at another during an argument; the second ducks and is not hit. What crime occurred?

• A. Battery
• B. Assault with a deadly weapon
• C. No crime
• D. False imprisonment

Answer: (B)

In criminal law, assault can be proven by an intentional act that places another person in imminent apprehension of harmful contact or by an attempt to inflict such harm, not only by actual injury. Swinging a baseball bat at someone shows clear intent to cause harm and demonstrates the capability to do so with a deadly weapon. Even though the target ducked and no contact occurred, the act created fear of imminent harm and was an attempt to strike with a deadly instrument. Because a baseball bat is a deadly weapon, this fits assault with a deadly weapon. Battery requires actual harmful contact, which didn’t happen here, and false imprisonment involves restraining someone’s freedom, which isn’t present.