During a heated argument in a crowded coffee shop, a man clenches his fist, glares at his coworker, and says, "I'm going to make you regret this!" The coworker, seeing the menacing gesture, becomes terrified, believing he is about to be struck. Before the man can take any further action, another customer intervenes and separates them. The man never touched the coworker. Can the man be found guilty of assault?
No, because he did not make physical contact with the coworker.
No, because his threatening words alone were not sufficient to constitute an assault.
Yes, because his actions intentionally created a reasonable apprehension of imminent harmful contact.
Yes, but only if he had the immediate ability to carry out the physical attack.
Yes, the man can likely be found guilty of assault. At common law, criminal assault is defined as an intentional act that causes a victim to experience a reasonable apprehension of imminent harmful or offensive contact. In this scenario, the man's act of clenching his fist and glaring, combined with his threatening words, would likely be sufficient to place a reasonable person in the coworker's position in fear of an imminent battery. The fact that there was no physical contact is not a defense to assault, as touching is the element that distinguishes battery from assault.
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