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When the police attempt to apprehend offenders and bring them to justice, they use the term apprehend. When you grasp or capture the meaning of a concept, you also apprehend it. In law, apprehension of an attack is defined as a component of self-defense.
For the purposes of this article, more definitions of apprehension and the leading legal definition were provided by a team of Schmidt & Clark attorneys. Our attorneys have been handling apprehension lawsuits and cases across the United States for many years.
Summary of the Key Findings
- The origin of the word “apprehend” stems from the Latin language and it preserved its meaning till today. It is a very common term in the law dictionary and its definition is usually referring to capturing or arresting.
- On a criminal warrant, the one with authority uses apprehension, and in legal actions, an arrest is used.
- If police apprehended your loved one or you, you should immediately call a personal lawyer.
Law Dictionary and the Origin of the Word
Since its Latin origins, the verb apprehend has remained primarily unchanged in both form and meaning. It derives from the Latin "apprehended, " meaning "to grab, lay hold or seize."
Around the 1540s, the phrase began to signify "to seize in the name of the law" or "arrest," that meaning has remained consistent since then.
The Legal Definition of Apprehension
A legal definition of apprehension can be related to a person accused of committing a crime in a manner that such person is apprehended and arrested. Taking someone into custody is referred to as apprehension.
Synonyms of apprehend are capture, imprison, detain, arrest, or it could be to perceive, comprehend, realize, or grasp, depending on the context.
An apprehension of attack is a component of self-defense that can be designed and implemented in cases that are criminal and involve assault and battery, manslaughter, or murder.
An individual who behaves in fear of being attacked is not at risk of being hurt. There must be a reasonable likelihood of actual injury for the individual to take protective measures.
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The term "apprehension" is used in various legal contexts, each with its specific meaning and application.
Here are three critical legal uses of "apprehension":
1. Criminal Law Context
In criminal law, apprehension refers to the physical capture or arrest of a suspect. This term is commonly found in police reports and arrest warrants.
Example:
- Traffic Stop Leading to Arrest: A police officer stops a vehicle for a traffic violation and discovers outstanding warrants for the driver, leading to their apprehension.
- Warrant Execution: Law enforcement executes a search warrant at a suspect's residence, resulting in the apprehension of the individual inside.
- On-Scene Arrest: Officers apprehend a suspect at the scene of a crime based on eyewitness accounts and immediate evidence.
2. Self-Defense Context
In the context of self-defense, apprehension refers to a reasonable fear of harm. This term is often used in assault cases and self-defense claims.
Example:
- Threatening Gestures: A person makes aggressive movements toward another, causing them to feel threatened and fearful for their safety.
- Verbal Threats: An individual verbally threatens another, leading the victim to experience reasonable apprehension of imminent harm.
- Display of Weapon: Someone brandishes a weapon in public, creating a reasonable fear among bystanders that harm may occur.
3. Civil Law Context
In civil law, apprehension denotes an understanding or awareness of certain facts or terms. This usage is common in contract law and civil proceedings.
Example:
- Contract Understanding: A party enters into a contract with full awareness and understanding of its terms, which can be crucial if disputes arise later.
- Legal Notice Receipt: Receiving a legal notice about impending litigation signifies that the party is aware of the legal actions being taken against them.
- Court Order Awareness: A defendant must be aware of court orders affecting them, as failure to comply can lead to further legal consequences.
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Apprehension in Criminal Cases
As we previously stated, apprehension is used in criminal instances. Criminal and civil cases are not the same. The U.S. attorney or a prosecutor and the grand jury are the main players at the start of a federal criminal case.
The grand jury considers the evidence given by the US Attorney and determines whether it is adequate to hold a defendant accountable.
A criminal case is a kind of court proceeding in which the accused is tried for conduct that the state's legislature, or the government, considers to be against the law.
“The victim must have a reasonable apprehension of imminent injury or offensive contact. This element is established if the act would produce apprehension in the mind of a reasonable person.” - FindLaw
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FAQ
What exactly does it mean to apprehend offenders?
To apprehend offenders means to attempt to and bring offenders to justice. In this situation police use the word apprehend.
What does the term "request to apprehend" imply?
The term “request to apprehend” implies that the police carried out a legal warrant for your arrest.
What constitutes a reasonable apprehension?
A reasonable apprehension constitutes a fear that is justified under the circumstances, as judged by the subjective standard of the "reasonable man".
Are there different models of apprehension?
Yes, there are different models of apprehension including a model of the apprehension of war criminals that is thoroughly analyzed, described, and studied.
James Meernik created a model of war criminal apprehension based on international players' conduct in order to change the cost/benefit calculus of suspected war criminals and their sympathizers, making them more susceptible to arrest or more likely to surrender [1].
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Schmidt & Clark, LLP is an experienced team of attorneys who specialize in representing clients in various cases. We are now accepting new claims in all 50 states and are managing individual lawsuits nationally.
If police apprehended your loved one or you, you should immediately call a personal lawyer. By bringing a case, you may be entitled to a settlement, and an experienced attorney can support you.
References:
- https://www.jstor.org/stable/44218540