Yichusdik……………
NO!!!!!!!!!! It is NOT assault. Please see this attorney’s post>>>it is BATTERY. You post the common misconception of assault. Assault is putting someone into the fear of imminent bodily harm. Assault requires no contact. The victim must feel threatened by the words and actions of the assailant.
Battery is the unwanted and/or harmful touching of another without permission.
Often the charge is assault AND battery. The assailant threatens to punch the victim in the nose and follows through immediately with his fist. But if an assailant walks behind you, you don’t see him, and he smacks you on the head with a brick it is merely battery. You can’t be afraid of what you don’t know is coming in the immediate future.