ASSAULT, in Law, is an attempt to offer to beat another, without touching him: as if one lifts up his cane or his fist in a threatening manner at another; or strikes at him, but misses him: this is an assault, insultus, which Finch describes to be "an unlawful setting upon one's person." This also is an inchoate violence, amounting considerably higher than bare threats; and therefore, though no actual suffering is proved, yet the party injured may have redress by action of trespass vi et armis, wherein he shall recover damages as a compensation for the injury.