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Answer :
Yes, an assault can occur if a defendant fires a rifle in the direction of an unaware sleeping victim. Assault does not require the victim's awareness, as the defendant's apparent ability to follow through is what constitutes the assault.
An assault has occurred if a defendant fires a rifle in the general direction of a sleeping victim, even if the victim is unaware of the shooting. Assault, at its core, involves an act that creates an apprehension in another of imminent harmful or offensive contact. According to Commonwealth v. Porro (2011), awareness of the defendant's criminal act by the victim is not necessary for the crime of assault to have been committed. This notion is further supported by the case of Commonwealth v. Henson (1970), where it was determined that the defendant's apparent ability to consummate the shooting is essential to the crime of assault with a deadly weapon, regardless of whether the gun was loaded with blanks or bullets. Similarly, an act indicating a depraved heart intent, such as putting a gun to someone's head and pulling the trigger, implies assault, even with the belief that the firearm is unloaded, as held by the Mississippi Court of Appeals.
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