The word "assault" is frequently misunderstood. Many people believe that an assault is the same thing as a battery. However, they are different. An assault is an attempted battery.
An assault occurs when someone acts in such a way as to make someone else fearful of being physically harmed. On the other hand, a simple empty threat is not enough. To be an assault, the wrongdoer must actually be able to carry out the harm. By way of example, let's say a guy named Dan tells Victor he is going to throw a hammer at him, but Dan is not holding a hammer. This is not assault. However, if Dan is holding a hammer and moves his arm in throwing motion, then that may be an assault. If Dan is standing 5 feet away from Victor, we're even closer to an assault. If Dan is 500 feet away from Victor, then of course that's probably not an assault.
If you think you may have been the victim of an assault, you should speak with an experienced personal injury lawyer right away. A knowledgeable personal injury attorney will be able to give you an idea as to whether or not you have a claim against your wrongdoer. To find a PI lawyer, click on your state on the left side of your screen.