The defendant, in an attempt to kill the victim, fires a rifle in the general direction of the victim. However, the victim is asleep and is unaware of the shooting. Has an assault occurred?
A) Yes, in most states an assault has occurred even if the victim is unaware of the attempted battery.
B) No, since the victim did not experience any fear, an assault has not occurred.
C) Yes, since intent to commit the crime of battery will be inferred.
D) No, since the defendant intended to kill the victim and missed.
A
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