Originally Posted by
Always Flyin
No. An assault is basically a swing and a miss--not an "I oughta . . .".
I gave you the LEGAL definition of an assault.
And, yes, I am a lawyer.
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Your definition describes attempted battery in most places, not assault. Assault is generally any attempt—which can often take the form of words or gestures—to make the victim reasonably fear imminent touching or offensive physical contact. “Why I oughta” muttering from someone who physically can prevent you from leaving your enclosed space could certainly qualify.
Under the general definition, there is zero requiment that the physical contact is actually attempted, or that there is actually an ability to make physical contact—all that matters is that the assailant makes the victim reasonably fear that it’s going to happen.